H1 Transfer and GC filing

[skrwriteme]

hi all

I have my H1B with a company which is valid till May 2010. Now, i have an offer from another company and i like to transfer my H1 to them. But, they have a policy of sponsoring GC only after 1 year of completion. So, they would process my GC by August 2009.

So, my question is, Is there any time limit with in which one should file for GC? Since my new employer will sponsor only in August 2009 and my H1 expires on May 2010, is August 2009 ok to file GC? or will it be late ? I don't want to get into complexity once i take this offer from my new employer

Any help, advice would be greatly appreciated

regards

[Subramanya]

I have my H1B with a company which is valid till May 2010. Now, i have an offer from another company and i like to transfer my H1 to them. But, they have a policy of sponsoring GC only after 1 year of completion. So, they would process my GC by August 2009.

So, my question is, Is there any time limit with in which one should file for GC? Since my new employer will sponsor only in August 2009 and my H1 expires on May 2010, is August 2009 ok to file GC? or will it be late ? I don't want to get into complexity once i take this offer from my new employer

Any help, advice would be greatly appreciated

---- In brief you will be late and miss the bus. You can understand the rest of it

Subramanya

[skrwriteme]

^^ thanks for the reply.

But i will be having 10 months of time if the process starts in August 2009. Worst case even if the labor gets approved in 6 months time, i can go ahead and apply the I-140 right?..in which case i can file for extension of my H1b right?

[txh1b]

Labor has to be applied 365 days in advance with a 2 month advertising and hold period and 1 month prep time to get extension beyond 6 years or you should have the labor and I140 approved before you complete 6 years if labor was not applied earlier.

You are taking a chance. USCIS has re-instated the premium process for I140 for certain situations but they can change it anytime. If I140 doesn't get approved before your 6 years, pack up will be the option.

[skrwriteme]

thanx for reply guys...

i have one more question here...Initially i came on L1 through my employer and did a change of status to H1 and my H1 got approved in 2007 october. My original L1 was valid till May '09 and my H1 is valid till 2010. My dependents (Wife & Kid) had their L2 valid till May '09 as well. After my H1 was approved in Oct 2007, My employer filed for H4 for my dependents.

We got the Receipt for H4 for my dependents. In the mean time, my wife & kid travelled to India in March (After we got the receipt for H4) based on thier L2 I-94 (I didn't travel with them). While they were in India, i got the H4 approval notice for them, but there was a typo in the expiry date. Both the issue date and expiry date were mentioned as Mar'08. Then i went to India and we all went for stamping and i got my H1B stamped and they got their H4 stamped based on my H1B and we came back in june as well.

Now, my question is..Since, there was a typo in their H4 approval, should an amendment be filed for that or it becomes void since they got their H4 stamped in India based on my H1B?

Thanks for reading this rather lengthy post. Any advice is greatly appreciated.

[txh1b]

Since they entered with a visa stamp on H4, the typo change has no significance here.

If they had remained and used the H4 extension notice to remain in US, then it would be important.

[skrwriteme]

Since they entered with a visa stamp on H4, the type change has no significance here.

If they had remained and used the H4 extension notice to remain in US, then it would be important.

thanx a lot bro! u are truly awesom