Applying for Labor-Please help

[Member08]

Hi all,
My H1-B Visa is stamped till May'09 but my 6 yrs will complete only on
Nov'09. What is the timeframe iam looking at to start my labor application? Is the 1 yr(365 days) requirement a rule or is it something which is good to do?

what are some of the repurcussions if one is unable to apply for labor before
1 yr of H1-B expiration, meaning, what if my company applies for labor Dec 08 or Jan 09 and my h1-B expires in Nov-09?

Please help.

[txh1b]

Recapture any time spent outside US on vacations.

For extending H1b beyond 6 years either the labor should have been filed 365 days prior to expiration of 6 years or if not, the I140 has to be approved prior to that.

You may have to travel outside US, save some H1b time, age out the filed labor, enter again, recapture the H1b period spent outside US, obtain 7th year extension based on now aged out labor for more than 1 year.

[Member08]

thank you txh1B for your prompt response. really appreciate it.

My situation is that my current company is experiencing some changes and so Iam looking to switch jobs. Now like I mentioned previously, my 6 yr will expire in Nov'09 (although Iam stamped only till may'09, is that a problem?). So Iam in a fix as to what time wud be the best time to switch or not switch?

Is it possible for me to apply for labor get the PERM approved from my current company and then switch jobs? Would that solve the 1 yr deadline issue?

How do I recapture my vacations? Do i just let the lawyer know this information?

Recapturing my previous vacations is definitely a good idea...will gimme atleast another 3 months. Does that mean I can keep looking for another job and hope to find another company who wud be willing to file my labor applcn within 1 yr of my H1 expiring after recapturing vacations?

My ex-employer is willing to file labor for me but I am not sure if that'd be a good move long term.

Considering a worst-case scenario, what wud happen if I miss the 1 yr deadline to file my labor and lets say my PERM gets approved after the 1 yr deadline but not the I-140?

I know these are too many questions...but I just realised how complex the situation Iam in is.

thanx v much in advance for ur effort and answering my queries.

[txh1b]

My situation is that my current company is experiencing some changes and so Iam looking to switch jobs. Now like I mentioned previously, my 6 yr will expire in Nov'09 (although Iam stamped only till may'09, is that a problem?).
.

No. Can file for extension till you get 6 years including the vacations.

So Iam in a fix as to what time wud be the best time to switch or not switch?

Bad move. Many decent companies would have gone through some cuts or layoffs which would mean they will not file for a labor or cannot for 6 months.

Is it possible for me to apply for labor get the PERM approved from my current company and then switch jobs? Would that solve the 1 yr deadline issue?

Possible, but that would only solve it temporarily. A labor without a accompanying I140 in 6 months is useless for any further extensions based on some recent USCIS decisions and memos.

How do I recapture my vacations? Do i just let the lawyer know this information?

Yes

Recapturing my previous vacations is definitely a good idea...will gimme atleast another 3 months. Does that mean I can keep looking for another job and hope to find another company who wud be willing to file my labor applcn within 1 yr of my H1 expiring after recapturing vacations?

True. But factor in the PERM advertisement and prep work involves 3 months of work and wait times. That needs to be added as well.

My ex-employer is willing to file labor for me but I am not sure if that'd be a good move long term.

Can't comment on this as I don't know who that is. Must have been a small time consultant.

Considering a worst-case scenario, what wud happen if I miss the 1 yr deadline to file my labor and lets say my PERM gets approved after the 1 yr deadline but not the I-140?

No extensions allowed. You could try for premium process of I140 prior to 60 days of your H1b period expiration. Look at the I140 section of immihelp.

If not, you should go outside US till I140 is approved.

[Member08]

woww...that was quick thank you again.

What would I need to fwd my vacation information to the lawyer as I think all i wud have is the immigration stamps on my passport? and I can fairly well remember when I took my vacations. Is just giving the dates I think I was away good enough to recapture vacations?

thanx much
(PS: these are all so much new information...have to clear my head and try to think straight bfore I chart put my plan of action)

[Member08]

Hi txh1b,

thanx much for all ur responses. I know I've been bombarding you with so many questions but I'll stop after these

In one of your previous responses to my question:
"Is it possible for me to apply for labor get the PERM approved from my current company and then switch jobs? Would that solve the 1 yr deadline issue?"

You had answered:
"Possible, but that would only solve it temporarily. A labor without a accompanying I140 in 6 months is useless for any further extensions based on some recent USCIS decisions and memos."

as a continuance to my above question:

Assuming, I do get my PERM done at my current company(A) and then move to another job(B) then would my PD remain the one from A? Would B have to apply for another PERM or can it continue with the I-140 based on the labor applicn from A? If yes, then would the PD change to the date when B applies for my labor? Also, does an alternate/different job title at B than what was at A change the scenario in any way eventhough the job requirements for the position at B remain pretty much the same to what it was at A?

thanx a lot!

[txh1b]

Assuming, I do get my PERM done at my current company(A) and then move to another job(B) then would my PD remain the one from A? Would B have to apply for another PERM or can it continue with the I-140 based on the labor applicn from A? If yes, then would the PD change to the date when B applies for my labor? Also, does an alternate/different job title at B than what was at A change the scenario in any way eventhough the job requirements for the position at B remain pretty much the same to what it was at A?

thanx a lot!

PD porting is not automatic. The next company has to request it and provide proof of labor approval or I140 approval for PD porting. Every company is independent. Unless it an I485 was filed and you have crossed 180 days, if you switch anytime as far as GC processing goes, it has to be restarted from scratch irrespective of the job requirements.