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H1 transfer for 7th year based on pending labor with current employer and document required
Anonymous3 views3 answers
My current employer has filed my Labor before 365 days and it was denied and then its appealed. Now current status of labor is In Progress. My 6 years of H1 is expiring in OCT 2013. My current employer has filled a year extension based on pending labor for 365 days. My extended H1 is till OCT 2014.Is it possible to transfer this H1 to new Employer and new employer can request H1 till OCT 2014 based on pending labor with current employer? What kind of document new employer need? I have a screen shot from DOL site which shows my application number, priority date and status. Is that sufficient?
The new employer could obtain 8th or even 9th year H-1B using the PERM application filed by your current employer as long as it is pending over 365 days. However, there are definitely risks involved because I don't think that your current employer would be willing to support the pending PERM application once you quite your current job. There are many other issues to be addressed before you change your job. Please consult with an attorney in private.
So long as the labor certification application has been pending in excess of 365 days (including any time on appeal) then your H-1B can be extended past the 6 year cap regardless of who the H-1B petitioner is. Keep in mind, however, that if you change employers, your current employer may decide to withdraw the labor certification appeal. You and your prospective employer should consult with an experienced immigration attorney to determine what documentation is appropriate given then facts of your case.
Sreenivasarao VepacheduIntellectual Property Law AttorneyEvanston, IL ·
Consult your immigration attorney if you can extend under American Competitiveness in the 21st Century Act of 2000 (AC21) and the 21st Century Department of Justice Appropriations Act of 2001 (DOJ Act) which allow an H1B employer to file H1B extensions after the completion of six years on H1B status, if:
*Applicant's labor application for Employment based green card purpose is pending for more than 365 days
*Applicant's petition for I-140 is approved under employment based green card and AOS/485 is pending
This is not a legal advice or solicitation, and does not create an attorney-client relationship. Consult an attorney.
