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Nearing 6 years on H1. Labor application not moving. Company gone down. options?

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  • Nearing 6 years on H1. Labor application not moving. Company gone down. options?

    I am ending my 6 year term on H1 in Jan 2009. The GC process is started in the beginning of this year. However, the labor application has gone for audit and is not moving forward from DOL. Unfortunately, my company is closing its operations and don't know how long it is going to be. The company just started collecting documents for my 7th year extension, and is planning to apply on premium processing for extension.

    What are my options here?
    1) Can I look for an employment with another company with my current H1(expires in Jan 2009) and start the GC process new and fresh.
    2) Is L1 an option now to continue to work in US through another company.

    Given the current market environment, getting a new employment might be tough. I want to know my options and give it a try.

    Thanks for any suggestions or pointers toward good attorneys in new jersey (edison) area.


  • #2
    GC is for future employment and you can have another employer start the Labor process now. Extension based on labor is possible only if it was filed 365 days prior to your H1b expiration.

    You could possibly transfer the H1b to a new employer after the extension and work for them. However, it is risky as you would need your I140 approved before the H1b term expires. A consultation with a good attorney that can explain the pros and cons is important for you.

    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.