Legal Question in Immigration Law in New York

Re: Employer change and 7th year H1B extension

An H-1B transfer should be filed, if at all possible, prior to termination of previous employment. If you do not find another employer prior to your termination date, you may wish to consider filing a change of status application to that of B-2 so that you remain "in status."

In order to be eligible for a 7th year H-1B extension, your existing labor certification must be pending (or certified) for 365 days and not withdrawn by your current employer.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.

MEYNER AND LANDIS LLP

One Gateway Center

Newark, New Jersey 07102

[email protected]

www.meyner.com

Re: Employer change and 7th year H1B extension

This is a complicated matter and you should seek the assistance of an immigration attorney. As for your transfer, it should be done prior to termination. You technically can begin work for your new employer the day your transfer has been filed with USCIS, but it is generally recommended to premium process the transfer and wait for approval before making the jump. However, in your case, I suppose a lot of the timing is out of your hands due to the fact you are being layed off.

Please let me know if you have any questions regarding this matter.

Re: Employer change and 7th year H1B extension

Your new employer can file for an H-1b transfer for you in order for you to remain in H-1b status.

However, a 7th year extension can only be filed if you have a labor certification or immigrant visa application pending for at least 365 days prior to the end of the 6th year on H-1b.

If your PERM application is withdrawn, a new PERM case would not allow you to file for the 7th year extension. However, if your original employer wanted to keep this position open for you in the future, it may be possible to file for an extension with the second employer based on the original pending Labor Certification.

It is advisbale to speak with an attorney on the specifics of your situation.