Hello,
I came to US in May 2001 through company A.
Changed to company B in July 2006. Company B filed labor application before 365 days of expiration of H1B.Labor is approved in july 2006. I-140 filed in sep 2006.
I have around 10 weeks of vacation time in between.
Question (1) what exactly is the rule about filing labor before 365 days of expiry of H1 B?
Question (2) Company C made an offer to do the H1 transfer immediately, seek extension for the time I was out of the country,File PERM and I-14O premium. My doubt is that i will be with in 365 days while doing all of above. Please clarify the risks ?
Question (3) Company C is ready to wait for approval of I-140.Attorney of company C says that on approval of I-140 from Company B, Company C can get H1 for 3 years. My friends tell me that it is not advisable since I-140 is in company's name and H1 transfer may not be valid.
Question (4) In light of 2 and 3 above , Please help me list the risks of each approach.
I am currently working for Company C on behalf of company B and company C is eager to get me onboard. I am in a difficult situation as I need to handle this carefully.
What are my options?
Please help.
Thanks
I came to US in May 2001 through company A.
Changed to company B in July 2006. Company B filed labor application before 365 days of expiration of H1B.Labor is approved in july 2006. I-140 filed in sep 2006.
I have around 10 weeks of vacation time in between.
Question (1) what exactly is the rule about filing labor before 365 days of expiry of H1 B?
Question (2) Company C made an offer to do the H1 transfer immediately, seek extension for the time I was out of the country,File PERM and I-14O premium. My doubt is that i will be with in 365 days while doing all of above. Please clarify the risks ?
Question (3) Company C is ready to wait for approval of I-140.Attorney of company C says that on approval of I-140 from Company B, Company C can get H1 for 3 years. My friends tell me that it is not advisable since I-140 is in company's name and H1 transfer may not be valid.
Question (4) In light of 2 and 3 above , Please help me list the risks of each approach.
I am currently working for Company C on behalf of company B and company C is eager to get me onboard. I am in a difficult situation as I need to handle this carefully.
What are my options?
Please help.
Thanks
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