H1 transfer and extension beyond 6 yrs.

[rajib_maitra]

I am in Company-A and as per current I-94 my last date is Nov-2-2008, however total 6 yrs stay will extend my 6 yr limit to Feb-20-2009. Company A has already filed my GC, so that I will get the extension beyond 6 Yrs.

Now, my question is, if I get an offer from Company-B and say I will be joining June-31-2008, is there anyway that I can stay beyond 6 yrs from Company-B? I mean, can I at all join a new company now without leaving US?

Regards

[simran]

yes u can, but if the comp A revokes ur GC processing then after 6yr H1 becomes invalid.

[rajib_maitra]

yes u can, but if the comp A revokes ur GC processing then after 6yr H1 becomes invalid.

I feel I need a little more explanation, if I join Company-B, and my current employer (Company-A) will stop the GC processing. My concern is, is there anyway Company-B can intitiate GC processing as soon I join, and get the 7th year H1B extension (I have less than 365 days to expire current H1B).

[simran]

I feel I need a little more explanation, if I join Company-B, and my current employer (Company-A) will stop the GC processing. My concern is, is there anyway Company-B can intitiate GC processing as soon I join, and get the 7th year H1B extension (I have less than 365 days to expire current H1B).

since u don't have enough time (1 yr prior to 6 yr limit) to file for LC using comp B therefore u won't be eligible for H1 ext if A stops ur GC processing.

[rajib_maitra]

since u don't have enough time (1 yr prior to 6 yr limit) to file for LC using comp B therefore u won't be eligible for H1 ext if A stops ur GC processing.

My last question, If Comp B file LC and then the next I-140 and also I-140 is approved before 6 yr limit, then also extension is not possible?

[switchtoit]

To get your H1 extension after 6 years, your employer should have filed your Labor prior to the start of your 6th year H1.

Since you are already into your 6th year of H1, you will not get H1 extension even if your new employer files Labor and if the labor was not approved before your H1 expiry. But I think, if your employer is able to get Labor approval before your 6th year H1 expiry, you can apply for extension. Please double check this.

I 140 approval nowadays is taking almost one year. I do not think you have enough time. There is no premium processing for I 140.

[email2]

As Switchtoit says, there is no way that your I-140 will be approved in time as there is no premium processing. I am also in a similar situation. My lawyer is saying that he expects it to open sometime in July, but thats just speculation and I wouldn't bet on it.

So unless it opens, you should stick with your current employer and wait it out.

All the best,
Cheers,
Me
www.dreamzfulfilled.com

[rajib_maitra]

I will update here, if I have any new update! Thanks for the reply.