6th year of H1 is GC Process Possible??????

[devarajag]

Hi,

I still have another 7 months left on my H1. Can I have the H1 transfered to new employer and start the GC process? What are the available options in case if I have to start GC process with any employer? Please advice....

[txh1b]

https://www.immihelp.com/h1-visa-ext...-years-in-usa/Originally Posted by txh1b
Quote:
Originally Posted by Centrino
Hi Txh1b - Have been going through your forums and really appreciate your response.

I need your expert advice in determining my current situation.

I am currently working for a Multinational corp. say Company A, and I am currently on H1B 6th year. My PERM was filed on Dec 2 2008, Approved on Sep 09. Applied I-140 on Oct 28th, waiting approval.

• H1b is expiring on Aug 05 2010. (8 months from now)
• Initially H1B was applied on 02/20/2005 (So technically 6 yrs in H visa should end on 02/20/2011)
• Switched to a different employer in 2007, and so I was filed for 3 years and received the end date as 08/05/2010. (So I can still recollect 7 months, correct me if I am wrong)
• Was out side USA for 2 months 14 days

This is where it gets confusing for me.

Company B - who happens to be my client - offered me a Sr Level Manager position - which is a dream come true, and they said they will have the H1B visa transferred to Company B. (Still HR discussions are yet to happen)

1. Since my H1B visa is expiring Next year, and I have filed my PERM + I-140 with company A, what options do I have to make the transfer?
2. Is it safe to transfer now to Company B (It’s the best offer of my life time to climb up the Executive Ladder?)
3. What are the important things that I should discuss upfront with Company B?
4. Can Company B file for my Green Card first - before even transferring my H1B
5. While making the transfer - if its gets denied - am I out of status, or can continue with the old company?
6. If I switch to Company B... Do I have enough time to Take care of the Green Card?

Please let me know

Thank you

Naren 1. Calculate the actual time spent inside US on H1b. Subtract that from 6 years. Whatever remaining time is what you have remaining. As your labor was filed prior to 5 years completion, based on A's labor petition, you can still get extension beyond 6 years. However, your new employer should restart the labor immediately and file for it right away. You can let the labor age out if needed by travelling outside the country, recapturing the time if necessary. Your lawyer should explain clearly. You can also read other similar posts where I might have provided more details about age out of labor.
2. Read 1
3. Having labor filed immediately and restart GC process from scratch. If you have more than 1 year remaining on H1b after recap, you are safe. Still read what I said in 1 about using A's labor to obtain extension beyond 6th year if required.
4. Possible.
5. You can continue with old company if they did not revoke old H1b. If in question, go for PP. Why do you anticipate it getting denied?
6. Depends. Read all other posts on the forum.

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