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Current Labor Filing for 7th year extenstion with new Employer

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  • Current Labor Filing for 7th year extenstion with new Employer

    I am into 6th year of my H1. My labor has been filed for more than 365 days (not approved yet) by my current employer.
    Now I want to change my job. Can my new Employer file for my 7th year extension based on the labor filed by my previous employer?

  • #2
    Labor woes

    I am into 6th year of my H1. My labor has been filed for more than 365 days (not approved yet) by my current employer.
    Now I want to change my job. Can my new Employer file for my 7th year extension based on the labor filed by my previous employer

    ---- You will forfeit everything if you change employers. This means your labor cetrtifcation has to start afresh with the new employer and you do not have time for thet. The 7th year extension is only based on your labor certification filing with your present employer

    ---- At this stage if you change employers, you can forget your green card and your H1 extension. The only other way is to wiat for your I-485 filing based on your priority date and then change your employer

    Subramanya

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    • #3
      Our company is doing a lot of lay offs recently. So if I get fired now, I will have to leave the United States?
      Am I out of all options here incase I get fired?

      Comment


      • #4
        If the employer is willing to continue the labor processing, you can get an extension of the 7th year with any other employer by using the pending labor from current employer.

        H1b 7th year extension is related to labor filing for the green card which is for future employment. It need not be with the current employer. It can be with any employer that the labor be pending for 365 days or more.

        But once approved, if I140 is not filed within 6 months with that employer, you are toast for the 8th year extension.

        If you change your employer now, you can get an extension based on pending labor, but need to have another labor and I140 approved before you can get any further extensions (assuming your labor with the current/soon to be ex employer gets approved soon as gets expired by the I140 not being filed on a timely basis)

        Due to the layoff situation, the labor getting approved will also be tough with that company. Talk to a lawyer about your options.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Originally posted by Subramanya
          ---- You will forfeit everything if you change employers. This means your labor cetrtifcation has to start afresh with the new employer and you do not have time for thet. The 7th year extension is only based on your labor certification filing with your present employer

          ---- At this stage if you change employers, you can forget your green card and your H1 extension. The only other way is to wiat for your I-485 filing based on your priority date and then change your employer
          Not quite true.

          Question 1. When an alien would otherwise be eligible for an H-1B extension, is it necessary to first file a Form I-129 requesting an extension of time to allow the beneficiary to complete or nearly complete the initial 6 years, and then file an additional Form I-129 requesting an extension of time beyond the 6 years?
          Answer: No. Section 106(a) of AC21 allows an alien to obtain an extension of H-1B status beyond the 6-year maximum period, when:
          A. 365 days or more have passed since the filing of any application for labor certification, FormETA 750, that is required or used by the alien to obtain status as an EB immigrant, or
          B. 365 days or more have passed since the filing of an EB immigrant petition.
          Once these requirements have been met, the alien may be granted an extension beyond the 6-year
          maximum on or prior to the date the alien reaches the 6-year maximum. Such extensions may only
          be granted in one-year increments, but may be requested on a single (combined) extension request
          for any remaining time left in the initial 6-year period. Requiring the filing of two extension petitions
          merely increases petitioner and CIS workloads, and has no basis in statute. In no case, however,
          may the total period of time granted on an extension exceed a cumulative total of 3 years. 8 CFR
          214.2(h)(15)(ii)(B)(1).

          Reference: http://www.uscis.gov/files/pressrele...ntrm122705.pdf
          The latest Neufield memo released recently has more info on this matter as well. Postng for the reference and benefit of people with similar problems in the future.

          http://www.uscis.gov/files/nativedoc...21_30May08.pdf
          Last edited by txh1b; 06-15-2008, 03:59 PM.

          I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

          Comment


          • #6
            Originally posted by txh1b
            If the employer is willing to continue the labor processing, you can get an extension of the 7th year with any other employer by using the pending labor from current employer.

            H1b 7th year extension is related to labor filing for the green card which is for future employment. It need not be with the current employer. It can be with any employer that the labor be pending for 365 days or more.

            But once approved, if I140 is not filed within 6 months with that employer, you are toast for the 8th year extension.

            If you change your employer now, you can get an extension based on pending labor, but need to have another labor and I140 approved before you can get any further extensions (assuming your labor with the current/soon to be ex employer gets approved soon as gets expired by the I140 not being filed on a timely basis)

            Due to the layoff situation, the labor getting approved will also be tough with that company. Talk to a lawyer about your options.
            I have almost similar situation but slightly different.
            I have talked to my current employer and they won't discontinue the labor process if I (have to) move to a new employer.
            BUT If the current organization gets acquired/merged or just dies, can still the pending/approved labor with current employer be used to file to 7th year extension with new employer?
            Last edited by santosh1977; 06-16-2008, 04:44 PM.

            Comment


            • #7
              Originally posted by santosh1977
              I have almost similar situation but slightly different.
              I have talked to my current employer and they won't discontinue the labor process if I (have to) move to a new employer.
              BUT If the current organization gets acquired/merged or just dies, can still the pending/approved labor with current employer be used to file to 7th year extension with new employer?
              Read this as it explains all scenarios for extension.

              http://www.uscis.gov/files/nativedoc...21_30May08.pdf

              As long as the labor has not been revoked or expired, it should be possible.

              I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

              Comment

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