Visa Extended for only 9 months, Thinking of filling another Labor thru Perm

[sweetysinhania]

Hey Guys

My Visa is extended till another 9 months . I already have a GC process going , but i was thinking of filing a new Perm thru another company.
so assuming that my labor comes in 6 months from now. can i extend my H-1 based on the approved Labor.

I know that if your labor is pending or approved for 365 days then only you can extend your H-1 . what if i file a new labor today
and out of 9 months i get my labor approved in 6 months so based on that approved labor can i extend my H-1.
Or is it has to be pending or approved for 365 days.

based on my perm that i would be getting , can i extend my H-1

Please ,please advise.

Thanks

Sweety

 

[gcco]

Hey Guys

My Visa is extended till another 9 months . I already have a GC process going , but i was thinking of filing a new Perm thru another company.
so assuming that my labor comes in 6 months from now. can i extend my H-1 based on the approved Labor.

I know that if your labor is pending or approved for 365 days then only you can extend your H-1 . what if i file a new labor today
and out of 9 months i get my labor approved in 6 months so based on that approved labor can i extend my H-1.
Or is it has to be pending or approved for 365 days.

based on my perm that i would be getting , can i extend my H-1

Please ,please advise.

Thanks

Sweety

If your current labor is still in process by end of your extension then you can extend your visa. But if your current labor is withdrawn... very likely if you work for the sponsoring employer now and are thinking of moving to a different company, then your h1 cannot be extended based on your now pending labor..

However, you can join a new company & quickly process a new GC through PERM.. In order to do an extension, you should have cleared your LC and your I140. Based on approved I140 you can get a 3 year extension..

But the catch in this is that you have to clear you I140 by end of your current extension. If you do not have a cleared I140, you will not be able to extend your H1 anymore.. Pending labor need to be pending for more than 365 days to extend. ( yours would be just less than 7mths even if you start the process now)

With having just 9 mths, is very risky to abandon your current GC. If you are thinking of doing another GC along with your current one.. then you should be fine. If not don't do it .. It is just way too risky.. like you said it takes if it takes about 6 mths just to clear your LC through perm... 3 more mths is definitely not enough to process I140..

hope this helps..

GCCO