H1B 6th year filing for PERM labor

[vijji12]

Hi all,

I am working for one company A and they mentioned they are closing the firm and asked me to transfer my H1B to any other company.

Company A filed for PERM labor last weekend i.e. January 28th 2011. He didnot get acknowledgment yet from Dept. of labor.

Meanwhile I found a company B who is willing to make the transfer and they pay way less compared to company A.

My H1B expires sept. 29th,2012. So if I transfer to company B now and apply how long will I get I-797 and I-94 for.

Meanwhile I had vacation of 4 months when I was in India during 6 yr period.

I am talking to new company B so that they will also apply for PERM labor application.

so now if I apply for labor with company B what are chances of getting 7th yr extension.

Also I have applied for I-140 in 2007 using substitute labor and it was denied. Does it provide any chance for labor to be re-used. of course it has completely different skill set and EB3.

We see that now a days EB2 category dates for I-485 are progressing rapidly.Will these dates go back at any point of time. Is it possible that they move back to 2009 or they will always move forward only.

Now I came to know that in order for H1B transfer to happen I need to be on project.(ofcourse I am on bench now). Does it also hold good for extension. what I mean is should be in project in Aug./Sept. time frame when we apply for extension.

Also I heard that if I-140 is approved I can change employer. Is it true! If so what should new employer do! will processing start from labor again and we use old priority date or we can just wait for priority date and apply I-485 directly.

Please provide suggestions what I should do.

Thanks and regards,

Uday

[vijji12]

Hi Attorneys,

Any help is appreciated. Please respond.

Regards,

Uday

[Attorney_22]

Dear Uday, it is advisable to speak directly to a qualified U.S. immigration attorney to answer all of your questions and help you determine the best options. The Murthy Law Firm has a very well-regarded Green Card Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.