I-140 - Contractor/Full Time - 6th Yr H1

[pjtp]

Hi,
I got my Labor cleared in March'09 in EB2 Category. I am working as a contractor with this employer.
Last year my employer was acquired by another company and now Attorney is saying that we cannot file I-140 as I have to be in 'Full Time Indefinite' Employment, before I-140 can be filed. And unfortunately, now because of Hiring Freeze, I cannot be hired with the new employer.
To make the matter worse, Attorney informed me that there is 180 days requirement otherwise Labor will be expired if we don't file I-140 within 180 days.
Please note my 6th Yr H1 will expire by May 2010.
Any suggestion, what are my options?
Please suggest, if more information is needed.

Thanx in advance.

[pjtp]

Hi,
Would appreciate, if someone could reply to this.

Thanx
-Pankaj

[morchu]

Indicate to the employer that they don't have to hire you for "Fulltime Indefinite" employment NOW. The hiring just need to happen between now and the GC approval (10+ years from now????). Basically you tell them all you need is an offer letter to continue with 140, and they can hire you whenever the hiring freeze is taken out.

Originally Posted by pjtp

Hi,
I got my Labor cleared in March'09 in EB2 Category. I am working as a contractor with this employer.
Last year my employer was acquired by another company and now Attorney is saying that we cannot file I-140 as I have to be in 'Full Time Indefinite' Employment, before I-140 can be filed. And unfortunately, now because of Hiring Freeze, I cannot be hired with the new employer.
To make the matter worse, Attorney informed me that there is 180 days requirement otherwise Labor will be expired if we don't file I-140 within 180 days.
Please note my 6th Yr H1 will expire by May 2010.
Any suggestion, what are my options?
Please suggest, if more information is needed.

Thanx in advance.

[Prashanthi]

Originally Posted by pjtp

Hi,
I got my Labor cleared in March'09 in EB2 Category. I am working as a contractor with this employer.
Last year my employer was acquired by another company and now Attorney is saying that we cannot file I-140 as I have to be in 'Full Time Indefinite' Employment, before I-140 can be filed. And unfortunately, now because of Hiring Freeze, I cannot be hired with the new employer.
To make the matter worse, Attorney informed me that there is 180 days requirement otherwise Labor will be expired if we don't file I-140 within 180 days.
Please note my 6th Yr H1 will expire by May 2010.
Any suggestion, what are my options?
Please suggest, if more information is needed.

Thanx in advance.

The case can be filed as a future employment, i dont know why the attorney is saying that the I-140 cannot be filed unless this is company policy.

If they cannot file the I-140, file another labor ASAP from another company, the I-140 has to be approved before your H-1 expires, you will be able to file in Premium processing. Also you can make use of any time spent outside the country and get a further extension on your H-1 to give you more time for the approval of your I-140.

[pjtp]

Thank you very much Morchu, Prashanthi,
Appreciate your valuable suggestion.
I have an appointment with Attorney tomorrow. Will let the group know what they suggest.

Regds