Unique situation please help !

A

arty717

Registered Users (C)
Hi All,
Friend of mine is on her 7th year H1-B (5 month left), she filed her labor cert with previous employer and she just learned that her previous employer withdraw her labor cert application. Is it too late to have her current employer file her labor cert now or is there any other option to keep her H1-B status? Please help!

Thanks!
 
Only option to stay in US is go to H4 or try F1. Her H1 can not be extended.
arty717 said:
Hi All,
Friend of mine is on her 7th year H1-B (5 month left), she filed her labor cert with previous employer and she just learned that her previous employer withdraw her labor cert application. Is it too late to have her current employer file her labor cert now or is there any other option to keep her H1-B status? Please help!

Thanks!
Click to expand...
 
If she can file a labor cert, get it approved, file an I-140 premium processing, and get that approved, I believe she can file for a 3-year extension based on the approved I-140. As she's in her 7th year, I'm not sure about the specificities of the H-1B restrictions, but that's the general rule is that if you have an approved I-140, you can file for a 3-year extension.
Good luck.

arty717 said:
Hi All,
Friend of mine is on her 7th year H1-B (5 month left), she filed her labor cert with previous employer and she just learned that her previous employer withdraw her labor cert application. Is it too late to have her current employer file her labor cert now or is there any other option to keep her H1-B status? Please help!

Thanks!
Click to expand...
 
No logic in your discussion

She will not get any protection first, to renew her H1 beyond 6th year.

There is no LC pending for her at this point of time more than 365 days.
How she is going to stay first of all to get het LC approved and get her I 140 in premimum. There is no logic in your arguments.
She is left with just 5 months to renew her H1


. Then
st4rguitar said:
If she can file a labor cert, get it approved, file an I-140 premium processing, and get that approved, I believe she can file for a 3-year extension based on the approved I-140. As she's in her 7th year, I'm not sure about the specificities of the H-1B restrictions, but that's the general rule is that if you have an approved I-140, you can file for a 3-year extension.
Good luck.
Click to expand...
 
I think if you can find the pre-approved labor, and file I-140 in premium processing, which gets approved in 15 days, will let you file for H1 extension for 3 years.
 
If you prepare a perm case right and well, you can file it and get it approved within about 80 days. Then, you file the I-140 premium and get a decision in 15 days. As long as the lawyer is fast and does this, she can extend for 3 years based on the approved I-140. Is it risky? Of course, but it is at least worth a shot.
No logic? Some guru you are.

great guru said:
She will not get any protection first, to renew her H1 beyond 6th year.

There is no LC pending for her at this point of time more than 365 days.
How she is going to stay first of all to get het LC approved and get her I 140 in premimum. There is no logic in your arguments.
She is left with just 5 months to renew her H1


. Then
Click to expand...
 
I am playing the Devil's advocate here, but can one obtain a H1B extension beyond the 6th year if there is an approved I 140 and with the current PD?

I am asking because my understanding is that the law allows for H1B extensions to allow for relief because of long labor processing times (i.e. one can extend the H1B after the labor certification application has been pending for more than 365 day rule) and/or because of retrogressed visa categories. So, if my PD is current, and if i have an approved I140, can I still extend my H1B?
 
thanks

but, my labor was not pending for more than 365 days and so will be my 1140? I am confused, so how can i apply the first part of AC 21 then?
 
Yes, it is feasible.

labordrags said:
I think if you can find the pre-approved labor, and file I-140 in premium processing, which gets approved in 15 days, will let you file for H1 extension for 3 years.
Click to expand...
 
You guys are great! Thanks for your suggestions and input.

My friend is working on PERM now. I will keep you post.
 
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