H1 Extension on I140 and no of employees in the company

[chandrakcs]

Hi,

I am filing for H1 Extension on approved 140. But the issue is that all of the other employees of my consulting company has left recently having got their EAD's. I am the only employee at this time. I will be filing for extension in this week. Can you please advise on the following:-

 

1. Will the company size have any impact on extension petition

(I have provided all the docs required namely Client, Vendor letters, paystubs. Basically, every doc that I can provide from my side)

 

2. Will I have an opportunity to move to a different firm if the result in not in favor. And how many days will I have to move to a different employer

 

3. Can I simultaneously apply for transfer to another firm just in case

 

Thank you in advance. 

[t75]

It certainly sounds like your company is engaged in unusual activities if people work only for GC filing.

[itsmeusa]

1. Probably not. As long as your employer can submit all the required documents.

2. Yes, you can file, but need to move quickly.

3. I would not encourage this. This is the "bridge petition" case in which both the petitions have to be approved - your employer's extension and H-1b transfer, then only you can work with new employer.

 

If you are not happy with current employer, then the better way is to transfer to new employer rather than considering option 2 and 3.

[itsmeusa]

Once you move to new employer, if you don't have EAD, you would need to request new employer to start GC from scratch. You can retain your old PD. This is the only drawback of moving to new employer.

[chandrakcs]

1. Probably not. As long as your employer can submit all the required documents.

2. Yes, you can file, but need to move quickly.

3. I would not encourage this. This is the "bridge petition" case in which both the petitions have to be approved - your employer's extension and H-1b transfer, then only you can work with new employer.

 

If you are not happy with current employer, then the better way is to transfer to new employer rather than considering option 2 and 3.

Hi,

Thanks for your reply. Can you please answer my question below

1. My employer has provided with all the documents needed. So hopefully I will not have a problem

2. Do I have have apply for the transfer before the current H1b validity expires or will i have a little more time after that?

[chandrakcs]

Once you move to new employer, if you don't have EAD, you would need to request new employer to start GC from scratch. You can retain your old PD. This is the only drawback of moving to new employer.

Thanks for your reply. Do I have to move to a new employer (if i decide to move), within the existing H1b validity period. My visa is till the middle of Jan 2014

[itsmeusa]

Yes, your (new) employer should file H-1b petition papers with USCIS before your current H-1b expires.