Urgent help - How about "extended H1" transfer ?

S

sushanta

Registered Users (C)
Hi Gurus,

Please help me out with this. I am reposting the same topic since I didn't get response from you .. may be you guys have missed it.

I am with company A, and they have filed my labor (Dec 04) well before 365 days of ending of H1 (which is Mach 2006). They are getting ready to apply for my 7th year extension.

Question is, once I get that "extended" H1 in hand, can I give it to company B for transfer ? Will this extended H1 alone suffice or would the USCIS ask for the proof of labor filing before 365 days of March 06. I understand that without this document, my 8th year extension may be a question mark. But how about just transferring the 7th year ? Is this doable ?

The problem is : Company A will not give me the proof of the labor filing.

Tx in advance
SKC
 
You can go to Comp B only with agreement of Comp A. If Comp A did not provide proof for your LC pending or if they cancell your LC as soon as you leave their company, you do not have any hold on your H1 7th and 8th yr extn. All gone. You have to leave US.
sushanta said:
Hi Gurus,

Please help me out with this. I am reposting the same topic since I didn't get response from you .. may be you guys have missed it.

I am with company A, and they have filed my labor (Dec 04) well before 365 days of ending of H1 (which is Mach 2006). They are getting ready to apply for my 7th year extension.

Question is, once I get that "extended" H1 in hand, can I give it to company B for transfer ? Will this extended H1 alone suffice or would the USCIS ask for the proof of labor filing before 365 days of March 06. I understand that without this document, my 8th year extension may be a question mark. But how about just transferring the 7th year ? Is this doable ?

The problem is : Company A will not give me the proof of the labor filing.

Tx in advance
SKC
Click to expand...
 
Thanks a lot great guru.

But how about if they Comp A finally agrees to give me the proof of filing (or I manage to get it by emailing DOL), and then Comp A decides to cancel the LC ?

With a cancelled LC, will the proof of filing hold any good ? I guess not .. but please confirm.

Tx,
sushanta
 
sushanta said:
Thanks a lot great guru.

But how about if they Comp A finally agrees to give me the proof of filing (or I manage to get it by emailing DOL), and then Comp A decides to cancel the LC ?

If comp A gives you proof you extend 7th year, then A cancels your LC then you can not extend your 8 th year. Nowadays, it is very easy to verify the status of a LC.

With a cancelled LC, will the proof of filing hold any good ? I guess not .. but please confirm.

Tx,
sushanta
Click to expand...
 
Thanks once again great guru.

If CompA cancels the pending LC right after I get my 7th year extension, then my 8th year extension will be at stake. Don't I have any other options then ?

How about this ?

I join CompB and they immediately file my Perm LC, and once it gets cleared, they file 140, and possibly the 140 also gets cleared right before I have to apply for 8th year. With all these ANDs really happening, shouldnn't I get 3 years extension (without having to depend on the LC from CompA) ?

I saw one article/response from someone in this site. Would you validate this theory ?

Tx,
Sushanta
 
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