Using Pre approved Labor for H1B extension

[altius]

Hi,

I am in my 6th year on the H1B visa, which will expire in end Jan 2007. I have already availed the date capture. I have filed for my Labor using PERM in Feb 2006. Thus I would have completed on 11 months after filing for my Labor and cannot use the 365 day rule to file for my 7th year extension on my H1B.

Q. I have been told that I can spend time outside the U.S. to cover the gap and file for date recapture and then file for the 7th year extension. Is this true?

I have been offered a job by another company that has an approved labor dated June 2004 and says that I can have it and then simultaneously file for my I-140 and changing the name on the approved Labor. The I-140 will be filed using premium processing.

Q. By changing the name on the pre-approved Labor with the new company, which was originally applied in June 2004, can I file for my 7th year extension even if the I-140 is pending approval with the new company, based solely on the pre-approved Labor?

Thanks in advance.

Abhi.

 

[ginnu]

Hi,

I am in my 6th year on the H1B visa, which will expire in end Jan 2007. I have already availed the date capture. I have filed for my Labor using PERM in Feb 2006. Thus I would have completed on 11 months after filing for my Labor and cannot use the 365 day rule to file for my 7th year extension on my H1B.

Q. I have been told that I can spend time outside the U.S. to cover the gap and file for date recapture and then file for the 7th year extension. Is this true?
------------- you CAN recapture time spent out of US
I have been offered a job by another company that has an approved labor dated June 2004 and says that I can have it and then simultaneously file for my I-140 and changing the name on the approved Labor. The I-140 will be filed using premium processing.

Q. By changing the name on the pre-approved Labor with the new company, which was originally applied in June 2004, can I file for my 7th year extension even if the I-140 is pending approval with the new company, based solely on the pre-approved Labor?

Thanks in advance.

Abhi.

----------- regrading your LC substitutin and filing I-140 based on that LC what you need is take the copy of approved LC with forms ETA750A and ETA750B go to good lawyer so that lawyer can evaluate if you are eligible to use that LC becasue you need to have same education,exp BEFORE that LC was FILED. if you are eligibe then you can file I-140.
** your new employer gave you wrong info. at this time USCIS has not started premium processing for I-140 they may start I-140 Premium processing in future