On 8th Year H-1B extension ..Laid Off ? What are my options

[javaconsultant]

I am on 8th year H-1B extension and my labor certification application
is pending at PBEC for 4 years..
Got Laid off....from my current employer...What are my options ?

a) Can I get an H-1B from another employer and apply thru PERM.
b) If I apply thru PERM from another employer B and my labor is approved from my current employer A(the one that laid me off)...can I apply I-140 from the employer A ?

Guys...Pls let me know you thoughts ...It is very critical for me...

Thanks.

[mbartosik]

This is probably best answered on murthy.com or similar. However, he's want I think I know (legal disclaimers etc)/

I think that these are your options...
1) If employer A (laid off from) does not withdraw your LA and is still in existance at the time the BEC may eventually process it then you might be lucky and get the LC anyway, since the LC is for the job. This does mean that employer A must have already replied to the 45 day letter, and the BEC must not issue any rfe's (requests for evidence). If that happens you might be able to use the LC to keep the priority date.
Best check on murthy.com

2) You need a new sponsor for H1B asap.
You need the LC to be pending for 12 months to be able to get the 9th year H1B. So leaving the laber in BEC could be critical. I would say apply for the 9th year as soon as you can (you can do it 6 months in advance). Otherwise if it is cancelled you might not be able to get a 9th year H1B. Make sure that you know your case number, especially if a corporate attorney was used.

3) Have new employer apply for perm asap, so that if the LC gets cancelled you need the I-140 to have been outstanding for at least a year (or approved). That means find a new employer ASAP, or you'll be out of status.

4) You can transfer your existing H1B without problem, and work for a new employer B as soon as the transfer docs are filed with USICS. You don't need to wait for approval as long as you don't been to travel.

5) Get your own immigration attorny, don't rely on a corporate one. If you can have the employer write the checks and if need be deduct from your salary. That way it is pre-tax. Also that way you have direct access to the attorny because he/she works for you, not for the company.

Good luck

[javaconsultant]

Thanks a lot.....it really helps.

If employer A does not withdraw his Labor app and it gets approved.Can I use the approved labor(from employer A) to file I-140 thru employer B.

Can I apply for perm thru employer B even though my labor is pending
from employer A( and emp. A hasn't cancelled the labor app) ?

This is probably best answered on murthy.com or similar. However, he's want I think I know (legal disclaimers etc)/

I think that these are your options...
1) If employer A (laid off from) does not withdraw your LA and is still in existance at the time the BEC may eventually process it then you might be lucky and get the LC anyway, since the LC is for the job. This does mean that employer A must have already replied to the 45 day letter, and the BEC must not issue any rfe's (requests for evidence). If that happens you might be able to use the LC to keep the priority date.
Best check on murthy.com

2) You need a new sponsor for H1B asap.
You need the LC to be pending for 12 months to be able to get the 9th year H1B. So leaving the laber in BEC could be critical. I would say apply for the 9th year as soon as you can (you can do it 6 months in advance). Otherwise if it is cancelled you might not be able to get a 9th year H1B. Make sure that you know your case number, especially if a corporate attorney was used.

3) Have new employer apply for perm asap, so that if the LC gets cancelled you need the I-140 to have been outstanding for at least a year (or approved). That means find a new employer ASAP, or you'll be out of status.

4) You can transfer your existing H1B without problem, and work for a new employer B as soon as the transfer docs are filed with USICS. You don't need to wait for approval as long as you don't been to travel.

5) Get your own immigration attorny, don't rely on a corporate one. If you can have the employer write the checks and if need be deduct from your salary. That way it is pre-tax. Also that way you have direct access to the attorny because he/she works for you, not for the company.

Good luck

[mbartosik]

most answers to these are on murthy.com and the like.

[file485]

javaconsultant:

Dont panic, USA here give u these lil options where they dont dont let u sink or float.

I was layed off in the 7th yr. So filed for a H1 transfer/extension simultaneoulsy based on the pending LC from the previous employer, which was not cancelled. 99.9% employers will not cancel the LC petition, unless something severe has happened to the relationship.

Safeside be nice with them,cos it will be an earlier PD, when that LC comes request them to file 140.

With the new guy, file PERM and spend some more $$, no probls, u can have any no.of labors filed by any no.of company's

good luck

[file485]

javaconsultant

looks like you got a PM as your answer. Can u share it please. even I need to know if the approved 140 from the previous employer be used with another employer. Can u post as much as in detail.

My case, current LC replied 45 letter in Feb PD is Dec 2002 (tragedy is it is EB3/India) and current employer is worse than a blood sucking leech(is making me work on Saturdays, leave alone pay me time and half or time, he refuses to pay me saying the project is on loss, but pays the other guys)

I want to get out of his clutches, he feels I should wash his toilets too for this GC favor..!!

[gneerajg]

Hi,
What is the fee schedule for the 8th yr extension. Somebody told me that company fee ($750 if employees are less than 25 or 1000 if more than 25) is suppose not to include. Pl. advice

Neeraj

[javaconsultant]

I feel for your condition.I am in the same boat ........

For question 1- not sure if can apply I-140 from company A even though..employed in company B.

Question 2- Can apply thru company B thru PERM simultaneously.

Not sure about these...better contact immigration attorney.

javaconsultant

looks like you got a PM as your answer. Can u share it please. even I need to know if the approved 140 from the previous employer be used with another employer. Can u post as much as in detail.

My case, current LC replied 45 letter in Feb PD is Dec 2002 (tragedy is it is EB3/India) and current employer is worse than a blood sucking leech(is making me work on Saturdays, leave alone pay me time and half or time, he refuses to pay me saying the project is on loss, but pays the other guys)

I want to get out of his clutches, he feels I should wash his toilets too for this GC favor..!!

[21stIcon]

Hi,
What is the fee schedule for the 8th yr extension. Somebody told me that company fee ($750 if employees are less than 25 or 1000 if more than 25) is suppose not to include. Pl. advice
Neeraj

Govt Fee for H1 -> AROUND $200
H4 -> Around $140

Lawyers can stretch you to any extend , my idiot lawyer billed me $750(h1)+$500(h4) for copy-paste from 7th year extension to 8th year extension, that is the reason all immigrant lawyers like BEC.

[mbartosik]

$2700 inc filing fees H1B plus H4.

However, the value that my attorneys do add is that it is like a retainer, I can call them and email them for various advice and questions some of which do take their time to answer, I've even got affidavits out of them for related stuff that have clearly taken time to do.
Still dam expensive given that a paralegal does most of the work.

[kumargovin]

My Case:I have 10 months remaining in 7th year and I am planning to switch company. He( the attorney) wants to buy time to file my PERM. Since remaining 10 months was not sufficient for him to file GC, therefore he needed the 8th year.

Question:

1. Can the new employer file for H1B transfer for remaining 10months on my 7th year and 8th year. Initially the attorney of the new employer told me that the transfer is not possible. Did anyone get the same advice.

2. Finally he is going to try 7th & 8th year. Have anyone file for remaining 7th year & 8th year. Pls let me know.

[waitingonlc]

My Case:I have 10 months remaining in 7th year and I am planning to switch company. He( the attorney) wants to buy time to file my PERM. Since remaining 10 months was not sufficient for him to file GC, therefore he needed the 8th year.

It is my understanding that filing PERM is nothing to do with how much time you have left on your H1B and these are two seprate items...

Question:

1. Can the new employer file for H1B transfer for remaining 10months on my 7th year and 8th year. Initially the attorney of the new employer told me that the transfer is not possible. Did anyone get the same advice.

2. Finally he is going to try 7th & 8th year. Have anyone file for remaining 7th year & 8th year. Pls let me know.

Correct.Bottom line is any H1B extn can only be filed 6 months before not more than that.Two options.First option is you could file for transfer for 10 months and then once it is approved then before 6 months of expiry file for 8th year extn.Second option is wait for 4 more months and do the H1B transfer ,at that time you are elible for H1B 8th year extn.If I were you I will go for the second option provided current situation permits.

[kumargovin]

Thanks for the response. If my previous employer does not relpy to the 45days letter or drops my pending labor at BEC, I have no basis to file for 8th year extension from my new employer. Maybe I should wait for 4 more months an apply for remaining months on my 7th year and 8th year per option 2. They (BCIS) would probably consider the 8th year since my 7th year is coming to end.

[katrina]

Govt Fee for H1 -> AROUND $200
H4 -> Around $140

Lawyers can stretch you to any extend , my idiot lawyer billed me $750(h1)+$500(h4) for copy-paste from 7th year extension to 8th year extension, that is the reason all immigrant lawyers like BEC.


I have some question regarding the H1b Extension, is it in every extension the company still have to pay $1500 (before is $1000) with company check which used toward scholarship for us citizen ?