Applying labor through another company

[tks09]

Hi,

I am 6th year of my H1.
I am working in company A and I am planning to apply labor through another company B as my company A is very small.Company B agreed to apply GC for me as future employment offer.
My question is
1)how risky it is,If I stay in company A itself while GC process is going on Company B.
2)Do I need to transfer my H1 to comapny B once I apply for 140?

3) If I stay in company A itself,can I get extension for 7th year on H1B once my labor approved through comapny B?


Please advise immediately as I am almost close to 6th year of H1 completion.


Thanks in advance.

[txh1b]

1. No risk
2. Not needed but preferred as the comapany could prove that they are paying you X salary that they mentioned on the GC labor, if needed and the job exists.
3. Only if the labor was applied 365 days before the end of 6th year. If you are already in your 6th year, there is no extension if the labor gets approved. You also need the I140 approved to get an extension.

[tks09]

Thanks a lot for your quick response.

1)for question number 2 you answered it as
Its preferred to transfer H1 to compny B.But as I applied for future employment offer,do you think it is critical?

2) can I count the days which I spent out of united states as under 365 days before 6th year termination as I applied labor after I enter into my 6th year?

[txh1b]

1. Preferred but not required.
2. Yes, but you shouldn't be counting but you need to get an extension for the recaptured period first and then request a 6+ year extension. Reading this thread could help.

http://www.immihelp.com/forum/showthread.php?t=41218