Re-using Approved Labor from previous company with out I140

[viswanadhr]

Hi Experts,

 

Can someone kindly answer this case? 

 

I was working in a company - X until Dec-2012 and I switched to a new company while the PERM Labor process was in progress (filed in Jul-2012)

In Jun-2013 the old company's labor was approved and on the other hand my new company started PERM Labor (just finished the recruitment process and ready to file Labor) process. I have exactly 1 year left on my H1 - maxout (6 yrs).

 

Question: Is there any chance that I can use my previous Labor date? or Under any circumstance its going to be useless :)

 

Thanks

Siva

[ateetshah]

You can't use your PD from previous labor since I-140 was not filed and approved. PD can only be ported if PERM and I-140 are approved and not only PERM.

[redgreenbluee]

please consult a lawyer.

 

approved LC PERM are valid 180 days for I-140 filing. only approved I-140 PD can be ported.

 

365 days old PERM (approved unexpired or pending) can be used to apply H1 extension beyond 6 years. expired PERM cannot be used.

 

approved I-140 can also be used for H1 extension beyond 6 years.

 

 

Hi Experts,

 

Can someone kindly answer this case? 

 

I was working in a company - X until Dec-2012 and I switched to a new company while the PERM Labor process was in progress (filed in Jul-2012)

In Jun-2013 the old company's labor was approved and on the other hand my new company started PERM Labor (just finished the recruitment process and ready to file Labor) process. I have exactly 1 year left on my H1 - maxout (6 yrs).

 

Question: Is there any chance that I can use my previous Labor date? or Under any circumstance its going to be useless :)

 

Thanks

Siva

[viswanadhr]

Sorry for acknowledging late. Thank you all.

 

I'm now finally landed in a situation where my H1b expiry (6 years) will be on Sep-16-2014 (less than 365 days). My Employer is filing Labor petition sometime in the last week of Sep-2013. Since its falling within 365 days, I'm afraid ideally i'll need I-140 also to be approved before the H1 expiry date in order to request any extension on this current H1B? If incase I-140 is not approved within the expiry date then I should stay out of the country until its approved and re-enter with the stamping. 

 

Is my assumption correct? Can someone kindly reply please?

[geethb]

Assumption is wrong.

Since you are satisfying 365 day rule, you will get 1 year extension if either a) Labor gets approved or 2) Labor goes into Audit

If 140 gets approved, then you are eligible for 3 year extension

[viswanadhr]

thank you. My bad, I should have made it more clear :) you read me wrong.

My Question is: My Attorney filed the labor when my H1B expiring in next 11 months. If incase I-140 is not approved within the expiry date then I should stay out of the country until its approved and re-enter with the stamping.