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Hi,
I am working for company A & my 6 yrs of H1B ends on Dec 30, 2006. I got the H1B petition and extension of stay for 7th year approved based on a labor pending with this company for more than 365 days(i.e. LC was applied in March 05).
However, I am planning to change my employer to company B . And they mentioned that they would apply for H1B transfer, based on pending labour in company A(by getting computer screen shot from DOL to prove that a labor certification is pending at a Backlog Processing Center).
1. If Company B's petition is rejected, can I continue to work for company A?
2. Are there chances that company B's petition gets approved only till Dec 2006 rather than with the 7th extension and if so, can I still continue working for company A beyond Dec 2006.
(i.e.) Basically, will the approval order of the two petitions dictate whether I should switch or stay OR can I still chose not to switch even though company B's petition was approved later?
3. Also, if company B's petition does get approved with the inclusion of 7th year, can I still chose to stay with company A if I don't want to switch?
K.K.Geetha
I am working for company A & my 6 yrs of H1B ends on Dec 30, 2006. I got the H1B petition and extension of stay for 7th year approved based on a labor pending with this company for more than 365 days(i.e. LC was applied in March 05).
However, I am planning to change my employer to company B . And they mentioned that they would apply for H1B transfer, based on pending labour in company A(by getting computer screen shot from DOL to prove that a labor certification is pending at a Backlog Processing Center).
1. If Company B's petition is rejected, can I continue to work for company A?
2. Are there chances that company B's petition gets approved only till Dec 2006 rather than with the 7th extension and if so, can I still continue working for company A beyond Dec 2006.
(i.e.) Basically, will the approval order of the two petitions dictate whether I should switch or stay OR can I still chose not to switch even though company B's petition was approved later?
3. Also, if company B's petition does get approved with the inclusion of 7th year, can I still chose to stay with company A if I don't want to switch?
K.K.Geetha
