Urgent- 6 yrs H1B Expiring on April-4th 2014

[H1_SoPitty]

Urgent- 6 yrs H1B Expiring on April-4th 2014

 

Iam with Employer-A

My Labour Denied in 2012 , Again applied in 2013 still my case is pending , applied 7th year extention based on 365 days rule on Feb-15th 2014 , Between my employer & my end client there are another 2 layers , both have provided strong letters along with the client letter.

 

Got RFE on March-12th on Emploee & Employer relationship and provide paystubs and my employer financials, I provided the my paystubs and again letter to employer , i think my employer will respond with along with finacials to RFE asap.

 

 

Meanwhile my 1st layer which is very big company (B) has direct contract with end client , is asking me to join them,I keep on telling them will join after my Labour , 140 approval from my current employer, need experts adivse or opinion how i could handle this situation better way.

 

Questions:

 

1.Shall i stay with current employer (A) till i get the Labour , 140 approval then move to the B ?

2.It would be better to proceed with company B immediatly on 7th year extention based on with labour pending more than 365 rule base with company A.(Can we do this ?).

3.Stay with A , let them respond for RFE , wait if something goes wrong plan to leave the country.

 

Any missing poits could be clarified to me based on my current situation , really greatful to this forum and expert advises.

[schintala]

It's all your decision and every one will have different opinions. In my view, it is better to wait till your I140 is approved with the current enployer. After I140 approval, if you switch to other company at least you can retain the priority date.

[H1_SoPitty]

Thank you so much for your reply, I understand this option to retain my priority date , but we are thinking there is risk with my current employer in each and every stage with RFE.

 

Could you please clarify following options is there for me or not ?

 

If we are not really care about the priority date, is there any possibility to transfer my H1 to company B on the basis of PERM is pending more than 365 days if company B is interested to transfer my H1.

 

Appreciate your help , thank you very much.

[H1_SoPitty]

Thank you so much for your reply, I understand this option to retain my priority date , but we are thinking there is risk with my current employer in each and every stage with RFE.

 

Could you please clarify following option is there for me or not ?

 

If we are not really care about the priority date, is there any possibility to transfer my H1 to company B on the basis of PERM is pending more than 365 days if company B is interested to transfer my H1.

 

Appreciate your help , thank you very much.

[schintala]

Yes. You can transfer H1 to another employer based on pending perm from other employer.

[H1_SoPitty]

Team , I got the information from right source 

 

We can transfer my H1B from Company A to company B on the basis of PERM is pending more than 365 days.

 

schintala

Thank you so much for the response Schintala.

[H1_SoPitty]

Update:

H1B 7^th Year Extension applied based on more the 365 days pending of my PERM , got RFE to submit employee employer relationship, we responded without client letter with explanation of relationship , got denied due to client letter is not provided on 19June2014 over the email. Still I have not yet received hard copy of denial notice.

My employer informed to me if we are able to provide client letter they would like to appeal again.

Here are more details of my case:

1. First PERM was denied after one year time in (2012), my employer not informed the real reason.

2. Second PERM was filed on 01/31/2013 and below is details with the same employer.

 

2^nd PERM Status: Still pending 

 

Current i94 was expired on April 04 2014.

Current H1b extension was filed on Feb 28 2014 and denied on 06/19/2014.

Question:

1.    Can we able to apply Extension with other employer  based on existing pending PERM even though  i94 was expired and my current H1 extension Denied.(I can stay in the country legally another 30 days from the date denial).

Appreciate your immediate advice and response.

[jairichi]

Update:

H1B 7^th Year Extension applied based on more the 365 days pending of my PERM , got RFE to submit employee employer relationship, we responded without client letter with explanation of relationship , got denied due to client letter is not provided on 19June2014 over the email. Still I have not yet received hard copy of denial notice.

My employer informed to me if we are able to provide client letter they would like to appeal again.

Here are more details of my case:

1. First PERM was denied after one year time in (2012), my employer not informed the real reason.

2. Second PERM was filed on 01/31/2013 and below is details with the same employer.

 

2^nd PERM Status: Still pending 

 

Current i94 was expired on April 04 2014.

Current H1b extension was filed on Feb 28 2014 and denied on 06/19/2014.

Question:

1.    Can we able to apply Extension with other employer  based on existing pending PERM even though  i94 was expired and my current H1 extension Denied.(I can stay in the country legally another 30 days from the date denial).

Appreciate your immediate advice and response.

No, you will need to exit US and then employer can file an appeal or extension.

[H1_SoPitty]

Jairichi ,

 

Thanks you for your analysis on my case and your advice , my employer now requesting me to get the client letter again , we will appeal to USCIS as we have missed this document, meanwhile my employer would like to apply to stay legally in the country (MTR) , I really don't know what it is , any idea on this ?  employer is saying without job you can just stay in US while you wait for USCIS response after submitting the letter,

 

Now iam asking again my client to provide the letter today.

 

1. Can i work after receiving Denial email notification (no hard copy with me now) ?

2. To Exit the US from the date of the denial i have 30 days time to leave the country right ?

3. If i move out of the country my current labor approved , then can my employer file 140 ? based on the 140 approval can i come back to the usa ?

4.by using the same 140 approval can change my employer if my PERM and 140 approved with my current employer ?

5.If i exit now , let's say my PERM also denied , can apply New H1B with other employer in 2015 April ? since actual work start in Oct-2015 (If i leave the country, my out-of the country status is more than one year from 2014 - July 15th - 2015 Sept ) please correct me if iam wrong.

 

Thank you so much for your inputs & advice , appreciate it.

[H1_SoPitty]

jairichi could you please advise , thank you so much

[jairichi]

Jairichi ,

 

Thanks you for your analysis on my case and your advice , my employer now requesting me to get the client letter again , we will appeal to USCIS as we have missed this document, meanwhile my employer would like to apply to stay legally in the country (MTR) , I really don't know what it is , any idea on this ?  employer is saying without job you can just stay in US while you wait for USCIS response after submitting the letter,

 

Now iam asking again my client to provide the letter today.

 

1. Can i work after receiving Denial email notification (no hard copy with me now) ?

2. To Exit the US from the date of the denial i have 30 days time to leave the country right ?

3. If i move out of the country my current labor approved , then can my employer file 140 ? based on the 140 approval can i come back to the usa ?

4.by using the same 140 approval can change my employer if my PERM and 140 approved with my current employer ?

5.If i exit now , let's say my PERM also denied , can apply New H1B with other employer in 2015 April ? since actual work start in Oct-2015 (If i leave the country, my out-of the country status is more than one year from 2014 - July 15th - 2015 Sept ) please correct me if iam wrong.

 

Thank you so much for your inputs & advice , appreciate it.

MTR does not provide any legal status to stay in country.

1. No.

2. Zero days.

3. Yes. You need to have some time to recapture based on which an extension can be approved with I-140 approval.

4. Yes. But, you always run the risk of current employer revoking approved I-140 when you move to a new employer. You can retain PD and be on H1B till extension is approved based on I-140.

5. Nope. You have to be outside US for more than 365 days before a cap subject H1B petition can be filed. If you leave in June 2014 you are eligible for a cap subject H1B only in June 2015.

[H1_SoPitty]

jairichi

 

Thank you so much for your inputs , appreciate it.

[H1_SoPitty]

Thank you Jairichi ! 

 

we got end client letter , we have sent the End client letter to vsc-premium.processing@dhs.gov and faxed and mailed the hard copy to the given address and waiting for the response from uscis, hoping i will get I-94 also , will wait for another 1 or 2  weeks , if we dont get any response would like to leave the country and apply the fresh H1B based on my current PERM pending more than 365 days.

 

Please advise