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View Full Version : Job offer - 1.8 yrs left on h1b - My options??


sundarpn
04-14-2007, 05:45 PM
Hey all,

I have exactly 1.8 yrs left on my h1b. My 6th year starts March 2008.

I am in a permanent job now and my labor (EB3) priority date is Aug 2006.
I-140 with Nebraska has been pending for the last 6 months. (yes I am going to pay 1K and get it converted to premium )

I have another new job offer (permanent) from a company in bedford, boston.

The problem is the new company (like most big companies) will not start GC processing immediately. They may start after 3 months or after 6 months per policy. No commitments. :confused:

So Questions:
1. If the new employer submits labor after my 6th year starts, what are my options? (is it a risk?). In my experience with companies ( I am talking non desi, non consulting companies) it takes 6 months or more to get Perm labor filed.

2. I may not be able to port PD from my current employer as my I140 is still pending and if I give my notice, they will very well cancel it before it gets approved. (Even if I convert to premium now, it will take 3 weeks to get approval and I doubt if the new employer will wait). besides I am doubtful if I can get a copy of the 140 approval.

3. Another option I can think of is forget this offer.
Stick to my current employer, get I140 approved, get my 3 yr H1b extension and then try to switch when I have 3 more years. Is this even a practical / realistic option?

Appreciate any opinions.

arsh007
04-14-2007, 08:22 PM
Hey all,

I have exactly 1.8 yrs left on my h1b. My 6th year starts March 2008.

I am in a permanent job now and my labor (EB3) priority date is Aug 2006.
I-140 with Nebraska has been pending for the last 6 months. (yes I am going to pay 1K and get it converted to premium )

I have another job offer (permanent) from a company in bedford, boston.

The problem is they (like most) will not start GC processing immediately. They may start after 3 months or after 6 months per policy. No promises. :confused:

So Questions:
1. If the new employer submits labor after my 6th year starts, what are my options? (is it risk?)

2. I may not be able to port PD from my current employer as my I140 is still ending and if I give my notice, they will very well cancel it before it gets approved. (Even if I convert to premium now, it will take 3 weeks to get approval and I doubt if the other employer will wait). besides I am doubtful if I can get a copy of the 140 approval.

3. Another option I can think of is, give up this offer.
Stick to my current employer, get I140 approved, get my 3 yr H1b extension and then try to switch. Is this even a practical option?

Appreciate any opinions.

I would go with option 3 based on your current situation. Getting your 3 year H1 extension after I-140 approval should be your objective. You can always switch companies after getting the 3 year extension, restart your GC process (PERM and new I-140) and port your PD from the approved I-140. Good Luck.

roseball
04-14-2007, 08:22 PM
Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....

sundarpn
04-16-2007, 07:40 PM
I have still not converted my I-140 to premium with my current employer, though I intend to right away. But, that will take a month (upto 15 bus. days) and then say 2 weeks to try to get the copy of I-140.

Till then I cannot hold the other job offer.

rsayed
04-16-2007, 09:13 PM
My H-1 started in Oct'03 and is supposed to complete it's 6 yr term on Oct'09. But, my current H-1 (with my current employer) shows an expiry date of Apr'09 (same with the stamped visa on passport) - I don't know the reason for this.

My labor (EB2-PERM) and I-140 has been cleared/approved; Priority date is July 2006.

I'm being offered a F/T position in one of the Big 5 consulting firms - nice offer. But, they categorically state that "there is no guarantee of GC, upon completion of one/two year". I've been told that this is standard practice for them to say this, and they normally start your GC after one year if you have less than 2 yrs, left. Even, the HR rep. told me the same thing - just that they don't offer a commitment, due to changing market conditions.

My question - Is it advisable to change? Any ideas/thoughts on any chances whatsoever of "Immigration Reform" happening this year?

Should I just stay put (with my approved I-140), or should I change (which seems risky)?

Also, this "Big 5" firm processes GC in the EB-3 category - I know this for a fact (unless the position offered is of a "Manager", which is not the case with me).

Pl. advise. Thanks.

zCool
04-17-2007, 12:37 AM
check expiry date on your passport. Visa date can not extend beyond Passport expiry date.

hebron
04-17-2007, 01:15 AM
Hi Roseball and others, Are you sure about this atatement - "Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension."

My thought was that 3 year extension based on approved I140 can be applied only if you are with the same employer who filed your labor certification.

Could you please confirm.

One of my friends is in the same situation. His 8-th year H1 extension based on aproved labor is expiring in next two months. He has not received his I-140 yet. Now he has received an RFE for his 9-th year H1 and also his I-140. The RFE is big one and is for the employer. Since he has couple of months on his current H1-B What are his options/backup plans (if the RFE response doesn't work)

1. Would it be possible for a new employer to file his H1 for 9-th year based on approved labor? Since he doesn't have approved I-140, can he still extend his H1 with a new employer?

2. If the post by Roseball is true, my friend can respond to his I-140 RFE and apply for premium processing and hope that I-140 clears in the next two months and then based on this approval he can get 3 years H1 extension. Could anyone please confirm if this assumption is correct.

Thanks


Once your I-140 is approved with your current employer, with the copy of your 140 approval, your new employer can file for a 3 yr H1 extension. Though it is safe to do so after you get your 3 yr H1 extension based on approved 140 from the current employer and then change jobs, this is also another option which is seldom tried by applicants...But it does work as I have seen some of my friends do so. So the key for you is to get your pending 140 cleared asap......and then ask your new employer to file for your 3 yr H1 extension in premium processing and only resign from your current job after getting H1 approved....Ofcourse, this option only works if you can secure a copy of your I-140 approval from your current employer...Else, go with option 3....

hebron
04-17-2007, 08:04 PM
Hi Guys,
Any suggestions for my post above? It will be really helpful.

Thanks in advance!!

miguy
04-18-2007, 09:37 AM
Are companies hiring people on H1b for permanent jobs? I seem to have a tough time finding companies that sponsor H1b. I thought the Big 5 Consulting firms did not sponsor H1b or GC? But, it seems from this post that I was wrong. Can someone tell me what companies (Fortune 500) companies sponsor H1b/GC or is there a list I can get from somewhere.


thanks,