H1 transfer of approved visa till 7th year - I140 Pending

[sarvesh23@gmail.com]

Hello,

This is a unique situation for which I couldn't find any answers on any blogs so submitting this query, early response is greatly appreciated.

 

Today's Date - 11/7/2014

 

My current employer has filed my Labor before 365 days and it was denied and then its appealed (Priority Date - Dec-2012 ). Now current status of labor is In Progress. My 6 years of H1 is expiring in May 2015. My current employer has filled a year extension based on pending labor for 365 days. My H1 extension was recently approved with I94 till May 2016. Is it possible to transfer this H1 to new Employer and new employer can request H1 till May 2016 based on pending labor with current employer?

What kind of document new employer need?

I have a screen shot from DOL site which shows my application number, priority date and status. Is that sufficient?

Also, how soon should I ask my new employer to file a new GC/PERM to be on the safe side ?

 

[jairichi]

Yes, it is possible. 

ASAP.

[sarvesh23@gmail.com]

Thank you for the prompt response.

1. Can you let me know if the visa transfer will be approved till the already approved date (may 2016) or any other date?

2. Usually new employers ask for approved copy of I140 before initiating visa transfer, in my case i do not have approved I140 what document would I need to provide to new employer to prove my GC is in progress ?

[jairichi]

1. Yes, till May 2016.

2. Your I-140 petition number will be enough.

[sarvesh23@gmail.com]

1. Yes, till May 2016.

2. Your I-140 petition number will be enough.

[sarvesh23@gmail.com]

2. As mentioned in my initial note my Perm was denied by dol (BALCA) and then appealed by my current employer and is in progress since Dec 2012 (which is my pririty date), so I do not have I140 petition number, I only have the ETA case number and BALCA case number. My H1 was extended for 7th year on basis of 365 day rule. Now my question is if I do not have i140 petition number then what proof can I provide to the future employer ?

[ashuneel]

1. Yes, till May 2016.

2. Your I-140 petition number will be enough.

Does the OP have I-140 petition if his PERM is still under process.

[jairichi]

2. As mentioned in my initial note my Perm was denied by dol (BALCA) and then appealed by my current employer and is in progress since Dec 2012 (which is my pririty date), so I do not have I140 petition number, I only have the ETA case number and BALCA case number. My H1 was extended for 7th year on basis of 365 day rule. Now my question is if I do not have i140 petition number then what proof can I provide to the future employer ?

Your new employer has to reference your PERM pending for more than a year. And, you do not have any PD established yet. Stop mentioning that.

 

Does the OP have I-140 petition if his PERM is still under process.

Thanks for pointing it out. I got confused. 

[sarvesh23@gmail.com]

Your new employer has to reference your PERM pending for more than a year. And, you do not have any PD established yet. Stop mentioning that.

 

Thanks for pointing it out. I got confused. 

Ok I understand that my PD is not established yet as PERM is pending, but my question is what proof of document can I provide to the future employer to have the H1 transfer go-through with no issues.

[jairichi]

Ok I understand that my PD is not established yet as PERM is pending, but my question is what proof of document can I provide to the future employer to have the H1 transfer go-through with no issues.

PERM pending for more than a year is your reference. Ask future employer's attorney.

[sarvesh23@gmail.com]

PERM pending for more than a year is your reference. Ask future employer's attorney.

Thank you for all your help!

[Varanasi1]

I am in similar situation. My labor was filed in April 2013 and audited in dec 2013. Finally got rejected in November 2014. My current 6 yrs period will expire August 2015. My employer plans to contest this decision. My question is if it is contested or appealed, can we file 7th year extension based on this appeal? If yes then do I get one year extension till August 2016? If the appeal is rejected for eg. In Sep 2015, do I have to leave in sep 2015 or am I allowed to stay till August 2016( assuming my 7th year extension may get approved)

Appreciate a quick response.

Thanks