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Labor & 140 approved; H-1B extension / changing employer

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  • Labor & 140 approved; H-1B extension / changing employer

    Hi,

    First of all my sincere thanks to all those experts who provide really useful info on these forums.

    I got H-1B for 2 years only (following my change of status from F1 visa) and that expires in Oct 2009. Fortunately, my current employer filed my LC & a timely I-140 both of which got approved. PD is Feb 2008. 140 got approved in Sep 2008. I'm waiting to get a copy from my employer's attorney for the approved I-140 notice.

    I'm planning to change my employer in a month or so. I read a lot from all the different threads and forums and will summarize my questions below. Kindly respond to them at your convenience:

    1) When I switch from my current employer to the next one and if this future employer agrees to my GC processing, I believe I can still use my PD from my prev employer but my new employer will have to start the GC process from scratch (PERM, I-140, etc.)

    2) At what point in this 6th year of my H-1B & L1 duration can my future employer file for the H-1B extension? I was in US for 4 years in my L1 visa, then was in India for sometime before I came to US for studies under the F1 visa, then spent working under OPT for 2 months and finally my H-1B became effective.

    3) i spent almost 8 months in India after my L1 visa (my assignment in US was done) and before I returned to US on a F1 visa. I believe I can capture those 8 months somehow. Pls confirm.

    4) I have also spent 4 months outside US for vacation time - 2 months (during L1 visa), 1 month (during F1 visa) & 1 month (during H-1B visa). How do I recapture those months spent outside US for my H-1B extension if at all possible?

    5) Because of these uncertain economic times, I may be unable to get a 2nd job for months now? At the same time, my current employer might terminate my job any given day. Given my labor & I140 approved status with my current employer, I understand I should first search for a future employer and a job ASAP before embarking on the H-1B extension and GC process. What happens if I have to leave US and not come back for years. Can I reuse the PD from my approved labor at a later time (2-3 years later) for restarting the GC process.

    I would really like to contribute someway to this forum for all the help rendered. And my sincere apologies for sending such a detailed and long mail.

    Thanks again for your help.

  • #2
    did you get any reply for this?
    thanks.
    bt

    Comment


    • #3
      1. Yes
      2. Not clear from your post as to how many years you have used. Total is 6 years and you should have the labor filed 365 days prior to expiration. As you already have an approved I140, that can be used to extend H1b past the 6 years.
      3. 6 years is total of L1+H1 status spent inside the US. Re-capture is a simple thing. Any attorney would know.
      4. Same as above. Entry/exit stamps with proper documentation/note from attorney.
      5. Yes, I would think it is possible but confirm with your attorney as I am not 100% sure.

      I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

      Comment


      • #4
        Thanks for your comments!

        Thanks much for your comments.
        I will consult an attorney appropriately.

        regards

        Comment

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