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  #1 (permalink)  
Old 06-14-2009, 04:22 PM
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pjtp is on a distinguished road
Default Employer not filing I-140, Contractor/Full Time , 6th Yr H1

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?

Thanx in advance.
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  #2 (permalink)  
Old 06-14-2009, 06:27 PM
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Thanx, appreciate your quick reply.
As suggested, I did posted this question in 'Attorney' section too.

Regds
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  #3 (permalink)  
Old 06-15-2009, 01:26 AM
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unseenguy is just really nice unseenguy is just really nice unseenguy is just really nice unseenguy is just really nice unseenguy is just really nice
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Just look for another job! I have number of years of experience. These big companies don't give a damn to anyone. So get rid of them in your life.

Last edited by unseenguy; 06-15-2009 at 02:06 AM.
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Old 06-15-2009, 09:47 AM
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morchu is infamous around these parts morchu is infamous around these parts morchu is infamous around these parts morchu is infamous around these parts
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I doesn't make sense to continue with your current employer, if they are planning to let you go after "May 2010". So look for another employment NOW.

1. Get all the PERM paperwork, and approval confirmation. This may help you get another years extension (May 2011) with your new employer.

2. Find new employment soon, with confirmation that they will proceed with the GC process right away.

3. Get your H1 transferred to new employer with an extension till May 2011, showing your already approved (but unexpired) PERM. Do it in premium processing, since you dont want the PERM to expire due to H1 processing delays.

4. Start a new GC process with new employer.

You might also want to plan for return to homeland after May 2010 also ( in case something in the above steps go wrong). So build your contacts there as well.

Quote:
Originally Posted by pjtp View Post
Please note my 6th Yr H1 will expire by May 2010.
Any suggestion, what are my options?
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Old 06-24-2009, 10:45 AM
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Thank you everyone for your reply.
I have worked with my Attorney on the issue and now reasoning with current employer to let I-140 petition filed.

Regds
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