rules / rule for extension beyond 6 yrs or 7th year extension

[AM4GC]

This thread is created so that any search on rules / rule / 7th year in TITLE returns few useful info to silent suffers/ Immigration community.

Gurus, please create some thread with good TITLES with Frequently used words which our friend generally ask for getting to understand this intricate subject of Immigration. You can put links there.

Making a thread Sticky can also serve this purpose, but it all depends on administrator.

look for more info in this thread.
http://boards.immigrationportal.com/showthread.php?t=167348

 

[raj_73]

7th year extension based on LC filed by previous employer

My current employer filed my LC two years back(March 2003).

My 6th year starts from July 2005. Now I have an offer form a new company and would file for my Labor
probably during Aug 2005. I hope to get Labor cleared thru PERM in Sep 2005 and file for 140 immediately.

1) Now when I apply for my 7th year H1 extension, during May-June 2006, can I use the LC filed by my previous employer(filed March 2003)?

OR

2)will I get my extension because my 140 is filed?
I know that for H1 extension, Labor has to be filed for more than 365 days.
Same is true for 140. But in this case, labor or 140 is not pending for more than 365 days.

 

[ginnu]

My current employer filed my LC two years back(March 2003).

My 6th year starts from July 2005. Now I have an offer form a new company and would file for my Labor
probably during Aug 2005. I hope to get Labor cleared thru PERM in Sep 2005 and file for 140 immediately.
----- PERM will have many problems in begning and many lawyers will commit mistakes and it is expected by many articals that rejection chances are more in PERM if the lawyer is not good who files LC through PERM, you will also lose the early PD if change employer now, becase with PERM if you get LC approved then you may be eligible to file I-140 and may not be eligible to file I-485(depends on your country of birth) it means long time to get GC
1) Now when I apply for my 7th year H1 extension, during May-June 2006, can I use the LC filed by my previous employer(filed March 2003)?
----- Yes you can get 7th year H1 extension if you have pending LC through ANY employer and you have the EVIDENCE of LC filing and evidence is the reciept that lawyer gets from SWA after LC is recieved by SWA
OR

2)will I get my extension because my 140 is filed?
-----yes
I know that for H1 extension, Labor has to be filed for more than 365 days.
Same is true for 140. But in this case, labor or 140 is not pending for more than 365 days.

 

[raj_73]

7th year extension based on LC filed by previous employer

Thanks for your reply.
If I change my employer now, my current employer may withdraw my LC application. (I am not sure what companies do in this situtation). In that case,

If the LC by new employer and 140 are not thro by July 2006 (my 6 year expiration time), Can I use the LC filed by my previous employer even if it is withdrawn?

Is there anyway I can get the same priority date of LC filed by my previous employer for the LC by new employer?

 

[ginnu]

Thanks for your reply.
If I change my employer now, my current employer may withdraw my LC application.
--yes, he CAN or he may not withdraw and may use for someone elso apter approval and employer can also amend the pending LC with other benificery name
(I am not sure what companies do in this situtation). In that case,

If the LC by new employer and 140 are not thro by July 2006 (my 6 year expiration time), Can I use the LC filed by my previous employer even if it is withdrawn?
-----NO, how you can use a withdrawn LC??? it no longer exist
Is there anyway I can get the same priority date of LC filed by my previous employer for the LC by new employer?
---- Only if the LC is approved and past lawyer files your I-140 and I-140 gets approved then a person can use the earlier PD when file new I-140 through new employer after new employer gets LC approved for you.
*i am 80% sure that it is not going to be benifical for you if you change your employer at this time for your GC process. if you are ready to take the risk with GC then change. I would stick with the employer who filed LC for me and is pending it may get approved in few monhs OR I will request new employer to file new LC for me and once LC gets approved only then I will join him( employer can file LC for you even if you are NOT working with him) for more info go to lawyer , my last post to you regarding your LC matter

 

[raj_73]

Thanks

Thanks for your replies.