Green card processing questions

[undecidedh1b]

Hello,

I got my first H1B in the year 2008, starting on Oct 1, 2008. I transferred to another employer in the year 2009 and started working for him from Dec 2009. I have been a contractor all this time and worked on 4 contracts over the past 3 years. My first H1B got expired in September 2012 and I got it renewed till April 2014 through my current employer. Now, I had to go to India for an emergency in the month of November and my manager terminated my contract without informing me when I was in India. I came back to US shocked to find out that I didnt' have a job. Now, my vendor at a previous place had a contract-to-hire position available with him which he offered to me only on the premise that I transferred my H1B visa over to him. I have accepted that offer and now the H1B transfer is underway. Now here are the questions I have in mind:

1) My GC hasn't been initiated with the previous employer. I am currently on a 6 month contract which might turn out to be a potential hire, and the client company said that they wait for 6 months before they initiate the GC processing which effectively means my GC processing is going to start in Jan 2014.

2) My current H1B expires in April 2014, but I guess I could get an extension once again upto September 2014 since it originally started in October 2008. However, if they initiate the process in Jan 2014, will I have sufficient time to get atleast an year by year extension which we are eligible for after 6 years of H1B provided the labor is cleared.

3) I am not sure about the requirement to get an year by year extension after 6 years of H1B. Do we need to just have an approved labor or do we need an approved I 140? I have heard conflicting answers. If it's just labor, I figured out that I would be able to get my labor approved before Sep 2014 in case my GC processing begins in Jan 2014.

4) My older employer hasn't cancelled my h1b with him, can I go back and work with him if I choose to again? This is in case I can't get an extension beyond the 6th year, since he said he would start by GC process immediately.

5) In case I go back to my old employer, would the current H1B transfer which is underway get cancelled automatically? Does the new employer have the ability to sue me in court for lawyer fees, etc etc if I decide to go back to my old company?

I am very confused about all this, please advise.

[shandan]

I cannot help you with your confusion, but here is something I do know:

1) To get an one year extenstion you need an approved PERM or a PERM should be pending for 365 days, which means if your PERM gets approved prior to your H1 expiration in Sep of 2014 then you can get 1 year extension.

But I'll suggest do not bet on that and have your perm filed atleast 365 days before your H1 expiration, so that atleast you can get your H1 extended based on the pending Labor.

2) With an approved I - 140 you can get your H1 extended for 3 yrs.

3) Now as far as going back and forth with employers and getting sued for legal fees are all ground realities and I would suggest get proper consultation with an attorney to be on a safer side, and more importantly talk with the company HR and clarify your situation. But this is just my advise, you should make your own decisions.