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Hi,
I have a very complicated situation, and have been getting conflicting answers from various attorneys. I was wondering if anyone on here could help me out.
My situation:
Currently on 5th year of H-1B, visa expires Feb 08
Working at company A, and I have a new job offer from Company B
Company A filed labor cert in 2004 and it was approved last year. I-140 was never filed.
Company B is claiming they can transfer my H-1B and get 7th yr extension based on the approved labor cert from company A. Then they plan to start again and get a new GC through PERM.
My questions are:
1) Isn't the 7th year extension tied in with the original LC approval. If they are considering a new GC application, how will that work?
2) Is it possible to get a 7th yr extension on JUST Labor Approval, with no I-140 filed? It is my understanding the 7th year extension is for PENDING I-140s or other filings. Seeing as nothing is pending, how could I get an extension based off an old, approved LC?
3) Would they have to apply for the 7th year extension before, or after I got my H-1B transferred to the new company?
4) I have read that older Labor approvals will become invalid sometime in January, won't this affect me in some way seeing as their whole scheme is riding on this?
5) It is likely that company A will be angry at my leaving. Could they withdraw the Labor Certification, and nullify the option to use it for an extension, GC etc?
I am very confused about this situation. I consulted another lawyer who evaluated my credentials and said I was a strong candidate for an O-1 visa. I am starting to think that would be a lot less stressful. What do you think?
Thanks to anyone who can offer some advice.. time is running out for me in terms of options and I need to know what to do!
I have a very complicated situation, and have been getting conflicting answers from various attorneys. I was wondering if anyone on here could help me out.
My situation:
Currently on 5th year of H-1B, visa expires Feb 08
Working at company A, and I have a new job offer from Company B
Company A filed labor cert in 2004 and it was approved last year. I-140 was never filed.
Company B is claiming they can transfer my H-1B and get 7th yr extension based on the approved labor cert from company A. Then they plan to start again and get a new GC through PERM.
My questions are:
1) Isn't the 7th year extension tied in with the original LC approval. If they are considering a new GC application, how will that work?
2) Is it possible to get a 7th yr extension on JUST Labor Approval, with no I-140 filed? It is my understanding the 7th year extension is for PENDING I-140s or other filings. Seeing as nothing is pending, how could I get an extension based off an old, approved LC?
3) Would they have to apply for the 7th year extension before, or after I got my H-1B transferred to the new company?
4) I have read that older Labor approvals will become invalid sometime in January, won't this affect me in some way seeing as their whole scheme is riding on this?
5) It is likely that company A will be angry at my leaving. Could they withdraw the Labor Certification, and nullify the option to use it for an extension, GC etc?
I am very confused about this situation. I consulted another lawyer who evaluated my credentials and said I was a strong candidate for an O-1 visa. I am starting to think that would be a lot less stressful. What do you think?
Thanks to anyone who can offer some advice.. time is running out for me in terms of options and I need to know what to do!
