H1 7th year transfer and extension


gcaspirer007

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hi all i need some advise about a 7th transfer and extension,

I have a Labor and I140 approved from company approved and H1 till dec31 2011,however company A filed my H1 LCA and has some internal issues ( they did not file my H1 yet ) meanwhile i would like file a transfer and H1 extension based on LC/I140 approval from company A --> company B.

Companies A & B are sister companies and will not cancel my Labor or I140 from A while transfer to B in progress.

Once the H1 with company B is approved i would like to file Labor and when the priority date is current would like to port I140 to company B .

Is there are any risk in such an approach ?

here is a summary,

Company A

----------------

LC priority 2010 Jan

I 140 approved May 2011

H1 expirty Dec 2011

H1 LCA approved sep 2011 ( is this an issue if i dont file an extension with company A ??)

gurus & attorneys can you please let me know if there is any risk or anticipated issues in such a approach ??

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Generally, your above proposal can work. However the H1B petition with employer B should be timely filed and the I-140 with company A must be valid at the time the H1B petition is adjudicated (generally a good idea to premium process the H1B change of employer/extension petition in these situations.) Please also be aware that unless you intend to work for company A when your green card is approved, company B will also need to file an I-140 petition after the PERM application has been certified. If you have further questions please consult a qualified U.S. immigration attorney directly.

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