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  #151 (permalink)  
Old 04-22-2014, 11:42 PM
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ranjana.mephitic is on a distinguished road
Default Possibility of staying and working in extended7th year on H1b with different employer

I received 7th year of extension based on EB3 Labor filed my previous employer which was in 365 days prior to completion of 6yr on H1-B.





I went to my home country in June 2013 and got my visa stamped till Nov 2015. 6yrs on my H1-B completes in Dec 2014.




Recently I changed my employer and they got me petition till Dec 2014 which does not include additional 1 hr of extension which my previous petition and Visa has.




Also, note that labor filed my previous employer is denied.




In this situation, can my new employer request 7th year of extension based on my previous employers approved petition till nov 2015.




previous employer petition approved tiil : nov 2015

current employer petition approved till : Dec 2014

Labor status filed by previous employer : denied

Visa status : stamped till Nov 2015.





Can somebody please suggest me possibility of staying and working in US after Dec 2014.
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  #152 (permalink)  
Old 04-22-2014, 11:57 PM
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Default

H1B extension beyond 6 years is only possible if the labor certification is pending for 365 days or approved with a filing date of 365 days prior. It does not apply in cases where the labor certification is denied. So the current I 797 validity date of Dec 2014 seems correct.

Was your LC in pending status when the 7th year extension was requested?

You can however re-capture vacation periods where you were outside the US during the 6 year term, and request extension for the specific number of days.
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This is not legal advice
Total Contributions to date:: over $750
PD Oct 2006/EB2/India
I140 approval Oct 2006
I485 filed Jul 2 07
I485 approved on Jul 25 2011
Received green cards on Jul 28 2011
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  #153 (permalink)  
Old 10-21-2015, 05:13 PM
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abiz2012@gmail.com is on a distinguished road
Default H1b amendment not required for within commutable distance and same job description

Hi All,

I am on H1b working for end client A through vendor,got an offer from client B who is 35 miles away from current job location and within commutable distance.

My company attorney advised that H1b amendment is not needed in this case as per new USCIS guidelines as this is within commutable distance. I did consult another immigration attorney, they said same thing. No LCA/h1b amendment required.No major changes to job description as well.My current amendment is pending since June and do have end client letter submitted as part of it.

Questions:

-Anyone has taken this approach to join new end client without new LCA and h1b amendment if it is within commutable distance ?

-My wife will be traveling to India on H4 and go for stamping in December, hopefully my new amendment will be approved prior to that.If not, will take amendment receipt and current LCA copy for stamping .Will that be fine?



Here are some details from USCIS and DOS websites regarding what my attorney suggested:

When You Do NOT Need to File an Amended Petition
A move within an MSA: If your H-1B employee is moving to a new job location within the same MSA or area of intended employment a new LCA is not required. Therefore, you do not need to file an amended H-1B petition. However, you must still post the original LCA in the new work location within the same MSA or area of intended employment. For example, an H-1B employee moving to a new job location within the New York City MSA (NYC) would not trigger the need for a new LCA, but you would still need to post the previously obtained LCA at the new work location. This is required regardless of whether an entire office moved from one location to another within NYC or if just one H-1B employee moves from one client site to another within NYC.

Area of intended employment meansthe area within normal commuting distanceof the place (address) of employmentwhere the H1B nonimmigrant isor will be employed. There is no rigidof distance which constitutesa normal commuting distance or normal
commuting area, because there may be widely varying factual circumstances among different areas (e.g.,normal commuting distances might be20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary MetropolitanStatistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment employment; however, all locations within a Consolidated Metropolitan Statistical Area (CMSA) will not automatically
be deemed to be within normal commuting distance. The borders of MSAs and PMSAs are not controlling with regard to the identification of the normal commuting area; a location
outside of an MSA or PMSA (or a CMSA) may be within normal commuting distance of a location that is inside (e.g., near the border of) the MSA or PMSA (or CMSA).

http://www.gpo.gov/fdsys/pkg/CFR-201...sec655-715.pdf
U.S. Department of Labor - Wage and Hour Division (WHD) - Fact Sheet
USCIS Draft Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision | USCIS
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  #154 (permalink)  
Old 04-27-2016, 10:47 AM
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bbha123 is on a distinguished road
Default Need Advice

Hi
not sure if this is the correct place to post this question but here goes
I got my h1 approved for oct 2014 with company A. I was working on clientside for company A till december when the client decided to end my contract. i went to another location as soon as this project ended. But USCIS did a site inspection 1 week after i left my first location and did not find me working there so the fraud department contacted me in jan 2015 asking for details.
I replied back to all the questions they asked me and I did not hear from them again, Now In apr 2016 i received a NOID asking me to give them paystubs,w2,lca for work location for dec 2014 on wards to prove I was in status. I have sent them all the documents they requested. Now my question is that now I have a job offer from another company B who is willing to do a h1 transfer on premium processing. Will i be able to do a h1 transfer with the NOID (my original application was not done in premium so i do not know how long USCIS will take to process my documents). if i submit the resignation to my current company can they pull back the documents they sent to uscis in response to the NOID ?( if they do that it will be as good as no response was sent and my h1 will be cancelled). Also what will happen if later USCIS will ask for documents which company A has but i am currently in company B and company A refuses to help.
Can I transfer to the new company B or am I stuck working for company A
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  #155 (permalink)  
Old 08-02-2016, 06:46 PM
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advik20 is on a distinguished road
Default

Quote:
Originally Posted by advik20 View Post
I've H1B valid until Dec 2017
My GC is pending PD March 2007 EB3


I've a new job offer they are willing to upgrade my GC application to EB2.

Should I change job on H1 and refile for GC under EB2?

or Should I invoke AC21 and change job on EAD?
Guys Any Update???
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  #156 (permalink)  
Old 08-06-2016, 12:45 AM
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advik20 is on a distinguished road
Default Change Job

I've H1B valid until Dec 2017
My GC is pending PD March 2007 EB3


I've a new job offer they are willing to upgrade my GC application to EB2.

Should I change job on H1 and refile for GC under EB2?

or Should I invoke AC21 and change job on EAD?
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  #157 (permalink)  
Old 08-06-2016, 12:14 PM
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advik20 is on a distinguished road
Default

Quote:
Originally Posted by advik20 View Post
I've H1B valid until Dec 2017
My GC is pending PD March 2007 EB3


I've a new job offer they are willing to upgrade my GC application to EB2.

Should I change job on H1 and refile for GC under EB2?

or Should I invoke AC21 and change job on EAD?
Any Update??
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