H1B Extension with Approved Labor in 6th year

[racoon786]

My six years of H1B end Sept 20, 2011 and Perm was filed on May 5, 2011 and has been approved recently. My company has filed for I-140 with Premium on Aug 8th, 2011.

If my I-140 is till pending as of Sept 19, 2011 -- Would I be able to extend my H1-B at all?

I am not sure what I should do if my I-140 doesn't get approved by then. Please help.

[usavisanow.com]

Since your I-140 was filed using premium processing on 8/8/11, it should be approved by 9/19/11 (even if an RFE is issued). Then you would be able to file a 3 year H-1B renewal/extension request. Be sure to account for the 7 day LCA processing time.

You might also consider filing the H-1B renewal based on recapturing dates spent outside the US during the past 6 years in H-1B status.

Hope this helps.

[vinodindia]

You are fine for atleast one year extension now. With your Perm approval you are good to extend your H1 in one year succession. But I am very sure you will get your I-140 within a week (if there are no RFEs) since it is a premium application and then you can extend it for 3 more years. Good luck!

My six years of H1B end Sept 20, 2011 and Perm was filed on May 5, 2011 and has been approved recently. My company has filed for I-140 with Premium on Aug 8th, 2011.

If my I-140 is till pending as of Sept 19, 2011 -- Would I be able to extend my H1-B at all?

I am not sure what I should do if my I-140 doesn't get approved by then. Please help.

[racoon786]

From what I have come to understand reading various forums, I will not be eligible for one year extension based on my perm approval since my perm was not filed 365 days back. I just hope my I-140 gets cleared soon. The checks were cashed by USCIS, but the lawyer has not received the receipt number yet.

[vinodindia]

I don't believe that your understanding is correct. Your attorney should be able to clarify but that 365 day condition is only applicable if you have applied for labor and you still haven't received your approval due to whatever reasons. In your case you have an approved labor and that should be good enough for 1 year successive extensions.

From what I have come to understand reading various forums, I will not be eligible for one year extension based on my perm approval since my perm was not filed 365 days back. I just hope my I-140 gets cleared soon. The checks were cashed by USCIS, but the lawyer has not received the receipt number yet.

[sac-r-ten]

@vinodindia. Labor should be 365days old, filled or approved. then you will get 1yr extension.

@racoon786, i think and hope that you get the 140 soon, its takes about 10biz days for a straight forward case. As @usavisanow.com said, please take into consideration the 7days required for LCA document as well. Not to scare you but that backs the deadline to like Sept 12.

But i think you should get the 140 in next couple of days. Then file for H1b in premium. I think you should get all happy and gay by Sept 14 or 15.

good luck buddy.

[racoon786]

Just got the RN number from the lawyer and I checked the case status which shows that petition was approved and is in post decision activity. Huge relief!!

[lifestrikes]

My six years of H1B end Sept 20, 2011 and Perm was filed on May 5, 2011 and has been approved recently. My company has filed for I-140 with Premium on Aug 8th, 2011.

If my I-140 is till pending as of Sept 19, 2011 -- Would I be able to extend my H1-B at all?

I am not sure what I should do if my I-140 doesn't get approved by then. Please help.

How long did it take for the attorney to file I-140 after Labor Approval?

Whats interesting is that icert says current PERM processing is for April, but they have approved May. Good for you.

[racoon786]

My Perm was approved July 13, 2011 and the lawyer filed for I-140 on Aug 8, 2011. They would have applied sooner since they had all the required documents but there were couple of key people in the company who were on vacation and that delayed it almost by a month.

[Lifesucks]

I am new to immigration voice. I would really appreciate if someone who have good knowledge on my situation. Thanks for your time to read my post.

I am on 7th year extension on H1-B and valid until 04/01/2012. (Based on Approved Labor)

Today I got automated notification from NSC stating my I-140 is DENIED. (After responding to RFE “Ability to Pay”)

I suspect my GC sponsoring company not GOOD or They might not able to support future employment.

I have 8 months left on my H1-B. I got an offer from one of the Company (Not a DESI company) with exactly same skill set.

My question is… Can I file my H1-B transfer to that company and start NEW PERM from scratch…?

I am B.TECH. Computers (REC, India) and MS Computers from US and 8 Years experience (Never been on BENCH)

Any suggestions…?

[Lifesucks]

I am new to immigration voice. I would really appreciate if someone who have good knowledge on my situation. Thanks for your time to read my post.

I am on 7th year extension on H1-B and valid until 04/01/2012. (Based on Approved Labor)

Today I got automated notification from NSC stating my I-140 is DENIED. (After responding to RFE “Ability to Pay”)

I suspect my GC sponsoring company not GOOD or They might not able to support future employment.

I have 8 months left on my H1-B. I got an offer from one of the Company (Not a DESI company) with exactly same skill set.

My question is… Can I file my H1-B transfer to that company and start NEW PERM from scratch…?

I am B.TECH. Computers (REC, India) and MS Computers from US and 8 Years experience (Never been on BENCH)

Any suggestions…?


Please respond. Thank You.

[hsd31]

Yes, you can transfer your H1. Your H1 extension is based on the LC. So a I-140 denial will not effect your H1. With the new employer, you will have to get your PERM and I-140 approved before your H1B expires in April else you will have to leave the country to avoid accruing illegal stay.

In any case I will recommend that you consult with a good immigration lawyer. Good luck.

I am new to immigration voice. I would really appreciate if someone who have good knowledge on my situation. Thanks for your time to read my post.

I am on 7th year extension on H1-B and valid until 04/01/2012. (Based on Approved Labor)

Today I got automated notification from NSC stating my I-140 is DENIED. (After responding to RFE “Ability to Pay”)

I suspect my GC sponsoring company not GOOD or They might not able to support future employment.

I have 8 months left on my H1-B. I got an offer from one of the Company (Not a DESI company) with exactly same skill set.

My question is… Can I file my H1-B transfer to that company and start NEW PERM from scratch…?

I am B.TECH. Computers (REC, India) and MS Computers from US and 8 Years experience (Never been on BENCH)

Any suggestions…?

[sac-r-ten]

Sorry for your situation.
1. Yes, you can transfer the H1B to new employer. New employer has to file PERM immediately. But the DOL stopping the PWDs time being and no forecast on when they will restart that, it looks like if you go that path, you may not be able to get PERM and I140 approved before 4/1/12.
2. You can fight that denial using Appeal. They take 10+months to respond. What will happen in this case is, come 4/1/12, you can get extension on H1b for another year and then if DOL is in good shape with PWDs, you can change employer and start a new PERM process. But start that Appeal soon. i think they give 30days for sending the appeal.

Good luck buddy.

PS: Life really sucks, but there is always a silver lining somewhere. Keep fighting your battles and one day you shall emerge the winner.

I am new to immigration voice. I would really appreciate if someone who have good knowledge on my situation. Thanks for your time to read my post.

I am on 7th year extension on H1-B and valid until 04/01/2012. (Based on Approved Labor)

Today I got automated notification from NSC stating my I-140 is DENIED. (After responding to RFE “Ability to Pay”)

I suspect my GC sponsoring company not GOOD or They might not able to support future employment.

I have 8 months left on my H1-B. I got an offer from one of the Company (Not a DESI company) with exactly same skill set.

My question is… Can I file my H1-B transfer to that company and start NEW PERM from scratch…?

I am B.TECH. Computers (REC, India) and MS Computers from US and 8 Years experience (Never been on BENCH)

Any suggestions…?

[Lifesucks]

Yes, you can transfer your H1. Your H1 extension is based on the LC. So a I-140 denial will not effect your H1. With the new employer, you will have to get your PERM and I-140 approved before your H1B expires in April else you will have to leave the country to avoid accruing illegal stay.

In any case I will recommend that you consult with a good immigration lawyer. Good luck.

I am contacting Murthy tmorrow. Thank you for your reply

[Lifesucks]

Sorry for your situation.
1. Yes, you can transfer the H1B to new employer. New employer has to file PERM immediately. But the DOL stopping the PWDs time being and no forecast on when they will restart that, it looks like if you go that path, you may not be able to get PERM and I140 approved before 4/1/12.
2. You can fight that denial using Appeal. They take 10+months to respond. What will happen in this case is, come 4/1/12, you can get extension on H1b for another year and then if DOL is in good shape with PWDs, you can change employer and start a new PERM process. But start that Appeal soon. i think they give 30days for sending the appeal.

Good luck buddy.

PS: Life really sucks, but there is always a silver lining somewhere. Keep fighting your battles and one day you shall emerge the winner.

Thank you for your comments...I didn't get the word PWDs...? will you please explain..? Thank you again.

[spulapa]

Thank you for your comments...I didn't get the word PWDs...? will you please explain..? Thank you again.

PWD stands for Prevailing Wage Determination done by DOL.

[Lifesucks]

PWD stands for Prevailing Wage Determination done by DOL.

Thank you.

[lostcause2007]

PWD - prevailing wage determination.
hopefully others have answered ur main query..

Thank you for your comments...I didn't get the word PWDs...? will you please explain..? Thank you again.