I was very close to H1b max out and able to file h1b extension on time.....now waiting for approval. Between, did you get the chance to explore
a) If h1b extension gets denied then i guess we need to leave the country. I understand that. But can we use approved I140 to get h1b extension from a new employer from India.? b) Does it make sense to transfer H1b now also while waiting for H1b extension? c) During course of GC process, if title and some role changes then what is the impact on approved perm/I140 and priority date...?
If you already explore these options and have some good links please share with me....
Looks like we are on same boat and we can be in touch thru email....my email id is firstname.lastname@example.org.
a) Yes, we can use approved I140 to get H1 + extension with another employer as long as current I140 is not revoked. b) It depends on the new employer. If its a solid company and no risk then yes, they can file H1 for you. But if you are planning to stay with new employer then you would need to file PERM, I140 and port old PD. Else when date is current, I485 can be filed with old employer and when GC comes through you would need to join the old employer. c) Your current job on H1 is not related to the future GC job as long as you are working in the same field. And H1, LCA would need to filed every time there are drastic changes to job. And similarly when GC comes through, as long as they agree to pay you the prevailing wage or greater than it as per PERM and you continue to work with at least similar duties in same field as mentioned in the PERM, it should be ok.
Nope nothing yet! I am waiting till Friday to ask my employer to check if check was encashed. What about you? I noticed from the tracker that the regular April cases have not started yet.. the earliest a regular case got approved was in 36 days so we can wait a bit!
I am surprised as to how is USCIS going to meet their deadline for processing "extension" cases in two months. I hope they do not send someone at my office for questions as I have some issues (paid for my H1B fees) . This is my only fear. I work for non-it firm (civil) and everything is okay..company has 50-60 employees (only 2 H1B's).. employer paid me regularly (first H1B LCA wages..submitted W-2, tax return)..I hope USCIS does not knock our door.
@kaam, I crossed the 30 day mark on Friday so I asked the attorney to check with USCIS today. They informed that it would be processed by Friday, if not follow up again. I didn't understand by processing if they mean receipt number or actually deciding the case. I am hoping the latter because we have seen people getting decision in 36 days.
Thanks IGAG. My attorney just informed that they called USCIS and got the receipt number from them. It was mailed out on Friday 5/18 and should reach us this week. I checked online and it shows Initial review. I had asked accounting to check the checks yesterday even and they had not been encashed yet.
If you are asking if it will affect your GC, no it will not, since as you know GC is for future job. As long as they are ready to pay the wage as specified in PERM when you get the GC (I485) approved.
As for H1B ammendment with new title, sounds like they have to file a new H1B PWD with the new title to get the lower wage and then file the ammendment. http://www.avvo.com/legal-answers/h1b-amendment-effect-on-green-card-application-625704.html
Thank you so much Maranatha for providing the info.
I was asking, if there will be a problem when I apply for H1-B amendment application to USCIS with lower wage title. I will have to apply for new LCA and then H1-B amendment to USCIS. I just wanted to know if it will raise lot of flags at USCIS if they see an amend application for a recently approved H1-B extension. Please advise.
@kaam, I think it should be fine as long as your employer is complying with approved h1. i.e. they can start with lower wage only after h1 ammendment is approved. Read the below case all the way to the end.
The lawyer said that the employer can start the new title wage once the LCA is approved. I spoke to another lawyer too,he stated the employer can start the lower wage title once the "H1-B amend petition" is filed. So no clear indication what to do....
My employer will start the lower wage title after LCA is approved. Please advise. Thanx again.