tuser123 Posted March 30, 2011 Report Share Posted March 30, 2011 Hello my labor/I140 is approved by company A. My 6 Yrs H1B expires in Jan 2012. My Lawyer tells me they cant file my H1 3yrs extn until July 2011. My Questions ----------------- 1) Pls can someone advise if this correct that they cant file H1B extn before July 2011. 2)Also is it safe for me to switch job now to company B before getting that 3yrs H1B extn from compnay A. 3)What are my risks in switching now. 4)Also will company B have to start the process of LBR/I140 again. 5) If I do H1 transfer to compnay B can they get 3yrs extn for me since my LBR/I140 was approved from company A. Pls any guidance or Expert advise will help me decide take the right steps. Thanks in advance.. Link to comment
Belle Posted March 31, 2011 Report Share Posted March 31, 2011 Company A may withdraw the approved I-140, in which case you will not be able to get any more extentions on H1. Link to comment
tuser123 Posted March 31, 2011 Author Report Share Posted March 31, 2011 Thanks Belle, That means there is no other chance for me to switch jobs at this time since I dont have enough time on my current H1B. Safe way is to get H1B extn from Company A and then look for moving out to company B where they can do H1 transfer. See how pethetic this Immigration law is setup for H1B guys beating them up both ways. firstly a struggle to find a job in this economy and secondly once you get that job you cant switch due to this stupid bureaucracy. Link to comment
Belle Posted March 31, 2011 Report Share Posted March 31, 2011 Well, actually, not that bad. If you switch jobs, you should get a 3 year H1 with the transfer. You may not yet apply for extention of your current H1, but the transfer is different. Ask your new company lawyer. Link to comment
tuser123 Posted March 31, 2011 Author Report Share Posted March 31, 2011 So what you are saying is I can switch job and when new company will do my H1 transfer they can get 3 yrs H1 extn since my lbr/I140 is approved from company A eventhough company A has yet not filed for 3yr H1 extn and 6yr visa is set to expire on feb 2012. Also does new company has to immediatly start my LBR/I140 filing? Link to comment
Belle Posted April 1, 2011 Report Share Posted April 1, 2011 "Also does new company has to immediatly start my LBR/I140 filing?" No, not really. If your I-140 is not withdrawn, you, theoretically, may extend H1 indefinitely. Link to comment
tuser123 Posted April 6, 2011 Author Report Share Posted April 6, 2011 How would I know if Company A withdraws my I140. If company B doesn't immediatly file Lbr/I140 for another year after succesful H1 transfer and company A withdraws my I140. How will that impact me will that make my H1B status invalid. Appreciate your time on this... Link to comment
Belle Posted April 7, 2011 Report Share Posted April 7, 2011 "How would I know if Company A withdraws my I140." You probably would not until your H1 extention is denied. Your company will need to have either LC started a year before your H1 expiration or have I-140 approved by your H1 expiration. Link to comment
jkylesP Posted June 1, 2011 Report Share Posted June 1, 2011 What is the response to the following? So what you are saying is I can switch job and when new company will do my H1 transfer they can get 3 yrs H1 extn since my lbr/I140 is approved from company A eventhough company A has yet not filed for 3yr H1 extn and 6yr visa is set to expire on feb 2012. Link to comment
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