Urgent Help Please !!!

V

vikramab

Registered Users (C)
Please help me gurus... My situation is in total confusion.

I am working for a Company 'A', and filed my Labor (GC) thru 'B'. as future employee
I was expecting my labor to get cleared with in couple of months.
All of a sudden company ‘B’ got closed and the concerned people are absconding.. no news what exactly happened and where are those guys.

As my H1 is getting expired in first week of January I am really tensed looks like all doors are closed.

My question is
1) If I get a approved Labor, and I did a concurrent I-140 and I-485 filling can I stay in this country.
2) Will I get a chance of H1B extension

If you guys have any kind of advice or suggestions it will be great help for me..

Please help me
 
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Please reply guys

Any advice or suggestion is greatly appreciated
 
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Vikramab,

If you get approved labor and it matches to your qualifications/Skillset AND if you apply I-140, then you can stay.

But just to make sure, please do consult your attorney.

Good luck
Thanks
Kandy
 
Make sure that the approved Labor was filed at least 365 days before your H1 (6 years) expires. If that is the case, then you will be able to get H1 7th year extension, provided you file for I-140 AND for H1 7th year extension, before your 6 years of H1 runs out.

If you are going to join a new employer to use their approved Labor (and file for H1 7th year extension), you should also have a normal H1 application filed first, for this new employer. You probably know that already.

BTW, you do not have to file I-485 (concurrent or otherwise) in order to get H1 7th year extension. But if you have all the papers for the I-485 application ready, you might as well file I-485 as early as possible. Remember, the I-140 application MUST BE filed before your 6 years of H1 expires, to be eligible for H1 7th year extension.

In short, you have to do the following, in chronological order :

1. File for H1 - if employer is new.

2. File for I-140 using substituted Labor. Labor should have been filed at least 365 days before your 6 years on H1 expires. Your skill set should match that on the approved Labor Cert - as of the date when Labor was filed.

3. File for H1 7th year extension.

All of the above should be filed before your 6 years of H1 expires.

4. File for I-485. You can do this earlier, if possible. But this application is not your immediate concern.
 
Just want to add /emphasize that you must have the qualifications /skill set (education and number of years of experience) that are mentioned in the approved Labor Cert, as of the Labor filing date.
 
Hello,
kandy17, MBMseekingGC.

Thanks for "kandy17, MBMseekingGC." for giving me the valuable Suggestions..

Actually Rock_Me_Amadeus..the present.. query which I was seeking help is for my Sister....

Hope you got it now...Rock_Me_Am.........
 
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