patas Posted November 18, 2013 Report Share Posted November 18, 2013 My H1B is expiring in Jun, 2014. I work for big consulting company. My attorney says - they will file the labor next week (PERM is done). What are the chances that I will get labor cleared before Jun, 2014?. My priority date is in 1999. I was india few years before coming back to US six years ago. Can I stay in US legally when the labor is on? Link to comment
pontevecchio Posted November 18, 2013 Report Share Posted November 18, 2013 What Priority date are you talking about? Link to comment
patas Posted November 20, 2013 Author Report Share Posted November 20, 2013 Sorry for the confusion. I got my labor and I-140 cleared back in 1999. My company iniating GC from the beginning in EB3 category. I fought for EB2, but it doesn't matter as the dates are current for EB2/EB3. As per my attorney the dates are current for India. Will the NEW labor get cleared before Jun, 2014, so that I can file 1 year extension? They cannot file the extension based on earlier labor approved. Link to comment
pontevecchio Posted November 22, 2013 Report Share Posted November 22, 2013 Is the GC company of 1999 different from your present employer? Link to comment
patas Posted November 25, 2013 Author Report Share Posted November 25, 2013 Yes. the employer is different. I could track down my earlier I-140. Link to comment
pontevecchio Posted November 25, 2013 Report Share Posted November 25, 2013 They can file a H1 extension based on your approved I-140 in 1999 unless that has been revoked already? Link to comment
patas Posted November 26, 2013 Author Report Share Posted November 26, 2013 It is not revoked. I checked with my earlier employer. Link to comment
patas Posted November 26, 2013 Author Report Share Posted November 26, 2013 My current employer says - They can't file H1 extension based on earlier Labor/approved I-140 as the priority date is current. He is again pursing GC process from scratch by applying labor in first week of Dec, 2013. What chances do I have to stay in this country legally beyond Jun, 2014? - if I the labor doesn't get approved by Jun, 2014. Link to comment
itsmeusa Posted November 26, 2013 Report Share Posted November 26, 2013 You can pursue what you said with your current employer. However it's seemd difficult to get things lined up before your H-1b expires. Please check with your employer who filed your GC and have approved I-140 with PD of 1999. If he is ready, you could request him if you could file I-485 with a job letter from him. When you get EAD, you could join him. I would like to hear from others if they have different opinion. Link to comment
patas Posted December 1, 2013 Author Report Share Posted December 1, 2013 My ex-employer is split into 5 different companies. I can't track any employee from HR. I got I-140 from the attorney. Link to comment
patas Posted December 1, 2013 Author Report Share Posted December 1, 2013 My current employer is filing labor tomorrow. Link to comment
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