Waiting for labor. Want to switch company. What are options?

A

akam25

Registered Users (C)
First thank you to all that are contributing to this forum. I have been waiting for my labor fot last 4 years and there is no chance of getting it. Because of this, I got stuck up with a single dying company. I am on 8th year H1 extension and my priority date for labor is June 2002 (TR) filled in EB2 category. I have following questions if someonce can please answer.

1. Can I update my labor (TR) to PERM by keeping my old priority dates? What are the advantages and disadvantages.

2. Can I ask a new compnay to file a labor in PERM process. If I receive I-140 from the new company can I apply for 485 by keeping the old 2002 priority date. Also, if I receive I140 from new company can I get 3 year H1 extension based on my old labor certification applied with the old company.

3. I am on 8th year of H1B. I want to switch the company. Can somebody suggest me whether legally it is possible to get the green card with the new company.

Aka
 
Thanks buddy for the reply. I still have question that because I am on 8th yr my H1 is being extended only for 1 year. If I switch the compnay and ask them to do PERM processing it will always be less than 365 when I need my H1 extension. How can it be possible? Do I need to ask them to process PERM labor without actually joining the company.

2nd how can i switch the company legally as my H1b is expiring on Dec 2006.
 
akam25 said:
Thanks buddy for the reply. I still have question that because I am on 8th yr my H1 is being extended only for 1 year. If I switch the company and ask them to do PERM processing it will always be less than 365 when I need my H1 extension. How can it be possible? Do I need to ask them to process PERM labor without actually joining the company.

2nd how can i switch the company legally as my H1b is expiring on Dec 2006.
Click to expand...

There are two ways:
1. File PERM Labor and after approval, file I-140. If this is approved before your current visa expiry, you can get 3 year H1-B extension. Of course, my assumption is you are from a retrogressed country.
2. If the time on your visa is insufficient (< 6 months) you can file a H-1B extension (1 year) before switching company. So you will get more than a year in obtaining extension from the new company.

These are my views only - you may consult an immigration attorney before taking a decision.
 
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