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  • H-1B extension and labor

    I have a question about my immigration status. Hopefully you will be able to help me .

    I am working for Company A on H-1B 7th year extension. My labor was filed through different company, company B in RIR category for future employment from California in May 2003. It is still in the process.In May 2004, it moved from state to federal.

    Now I came to know that the revenues for company B were not good for 2004.They were good for 2003. They won't be able to prove that they can affort to pay me salary in the future.
    here are my questions-
    1. Is there a chance that my labor will get rejected?

    2. The CEO of the company B suggested that if I join their payroll now(instead of joining after getting GC), it will help clearing labor/140 etc. Is that true? If I join this company now, what are the chances that my labor/140 will get rejected?

    3.My current company, company A might apply for my labor through Perm. Can I do that even though I am on 7th year extension? If my labor through company A gets rejected, what happens to my status?

    4.What is the best option for me to continue the GC avenues?

    Thank you for your help.

  • #2
    I have a question about my immigration status. Hopefully you will be able to help me .

    I am working for Company A on H-1B 7th year extension. My labor was filed through different company, company B in RIR category for future employment from California in May 2003. It is still in the process.In May 2004, it moved from state to federal.

    Now I came to know that the revenues for company B were not good for 2004.They were good for 2003. They won't be able to prove that they can affort to pay me salary in the future.
    here are my questions-
    1. Is there a chance that my labor will get rejected?

    2. The CEO of the company B suggested that if I join their payroll now(instead of joining after getting GC), it will help clearing labor/140 etc. Is that true? If I join this company now, what are the chances that my labor/140 will get rejected?

    3.My current company, company A might apply for my labor through Perm. Can I do that even though I am on 7th year extension? If my labor through company A gets rejected, what happens to my status?

    4.What is the best option for me to continue the GC avenues?

    Thank you for your help.

    Comment


    • #3
      honestly, there is preety good chances that LC will be rejected because company can't afford to pay you. regardless of now or later. LC will be rejected with " over qualified" notion. I would look another sources if I were you.
      BTW is this company ever filed LC previously sucessfully?

      You are in your extension period and LC is not approved yet. Lets say if LC from New company will approve which will take year or so you will be limiting your 6 + 1 year extension period. you will have hard time for adjustment. because It will take another 3+ years to AOS after LC if you are BS degree holder time can be a year + if you are MS. in both cases you are already completed your extension time. check with attorney who Do H1's may be there is any way that you can extend this time.
      Its a discussion, not a legal advise..

      Comment



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