Switching employer during 6th year of H1B

[bharatpremi]

Dear All,

Namaskar.

I am a direct employee of COMPANY A which has a contract with COMPANY B for the project work at COMPANY C (End Client) and I am working on the same project at COMPANY C. I am in my final year of H1 stay. My 6th year on H1 will be over on o3/07/05.My present employer is planning for my H1B extension and has already filed for my Green Card labor in July 2003.That LABOR has not approved yet and it seems that till my 6th year (H1) final date it will not be approved as seeing the speed of labor approval process speed.Now COMPANY B wants to hire me and willing to file for my Green card (From the state where GC labor is almost current) and H1 extension. I do have advantage of handsome increase in salary for swiching to company B but seeing the complexity of immigration processes involved I have certain doubts about leaving COMPANY A and joining COMPANY B. COMPANY A may be willingly ready to let me switch to COMPANY B if it is legally possible and my GC /H1 extensions are not getting jeopardasied. My questions are as under.

In case of not leaving COMPANY A:
-----------------------------------
1) Would it be possible for my present employer (Company A) to file for 7th
year extension as my GC labor was filed before 365 days from my final
date but since labor is not yet approved and so I 140/485 have not been
filed?

In case of leaving COMPANY A and joining COMPANY B:
----------------------------------------------------

1) Is it possible that COMPANY B file for 7th year H1 B extension on the
basis of LC filed by COMPANY A ( Assuming COMPANY A will cooerate to
COMPANY B to use its own LC ) and simultaneously file for my NEW GC
application from other state having LC processed almost currently ?

2) If my best bet would be to wait for now for having LC and 7th year
extension approved through my present employer (COMPANY A) then at
what earliest and legally safest stage I can join company B assuming
company A is willingly ready to let me do so? And in such case can
COMPANY B file for my GC NOW?

I would highly appreciate any urgent help on these issues.

Many Many Thanks in Advance.

Vande Mataram.

- Bharat Premi

 

[ginnu]

Dear All,

Namaskar.

I am a direct employee of COMPANY A which has a contract with COMPANY B for the project work at COMPANY C (End Client) and I am working on the same project at COMPANY C. I am in my final year of H1 stay. My 6th year on H1 will be over on o3/07/05.My present employer is planning for my H1B extension and has already filed for my Green Card labor in July 2003.That LABOR has not approved yet and it seems that till my 6th year (H1) final date it will not be approved as seeing the speed of labor approval process speed.
------- you are eligible for 7thyear H1 and file H1 extension before your I-94 expires and with evidence that LC is pending more than 365 days and evidence is LC filing reciept that lawyer gets from SWA or SESA after LC is filed
Now COMPANY B wants to hire me and willing to file for my Green card (From the state where GC labor is almost current) and H1 extension. I do have advantage of handsome increase in salary for swiching to company B but seeing the complexity of immigration processes involved I have certain doubts about leaving COMPANY A and joining COMPANY B. COMPANY A may be willingly ready to let me switch to COMPANY B if it is legally possible and my GC /H1 extensions are not getting jeopardasied. My questions are as under.

In case of not leaving COMPANY A:
-----------------------------------
1) Would it be possible for my present employer (Company A) to file for 7th
year extension as my GC labor was filed before 365 days from my final
date but since labor is not yet approved and so I 140/485 have not been
filed?
---YES
In case of leaving COMPANY A and joining COMPANY B:
----------------------------------------------------

1) Is it possible that COMPANY B file for 7th year H1 B extension on the
basis of LC filed by COMPANY A ( Assuming COMPANY A will cooerate to
COMPANY B to use its own LC ) and simultaneously file for my NEW GC
application from other state having LC processed almost currently ?
----- company B can file 7th year H1 extension if you have evidence of LC filed and pending more than 365 days from ANY employer, they can also file new LC , you can have many LC filed by many employers it is not a problem
2) If my best bet would be to wait for now for having LC and 7th year
extension approved through my present employer (COMPANY A)
------ YES, I will wait for LC to be cleared then let employer file I-140 and you file I-485 EAD AP all at the same time. you can join B any time but A should be ready to file I-140 and be ready to reply any RFE for your I-140, if he agrees then no problem to join B. BUT if i am in your situation I will stick to A till LC is cleared and I-140 gets approved and pending I-485 hits 180 days.
then at
what earliest and legally safest stage I can join company B assuming
company A is willingly ready to let me do so? And in such case can
COMPANY B file for my GC NOW?
----- company B can file LC any time, you can have GC process strted for you by any employer even if you dont work with them at present because GC is for future permanent job
I would highly appreciate any urgent help on these issues.

Many Many Thanks in Advance.

Vande Mataram.

- Bharat Premi

 

[bharatpremi]

Dear Ginnu,

Namaskar.

Many many thanks for your precise explanation and clear answers.
This would help me a lot.

Vande Mataram.

- Bharat Premi