Mytwocents, Xiaobaitu, still about H-1 extenstion/transfer

My case:
H-1 will reach 6 year 12/2006. PERM submitted 10/2005, approved 11/2005. I-140 submitted 12/2005, approved 5/2006. I didn't submit my 485 due to retrogression. I am laid off and tring to go to another company in 5/2006.

I understand that you guys thing I can use AC 21 104(C) to get 3 year H1 extension using currrent I-140 when transfer to new company. But the legal consultant insists that I can only work until my 6 year H1 is up even my current company extended 3 year H1 then I transfer to the new company. So I am confused. Does AC21 apply to concurrent filing only? If so, my case is not concurrent filing (since I-140 is approved), right?

Can I get 1 year H1 extension using submitted/approved PERM? The legal consultant of new company insists I can only get 1 year extension. But the way I interpreted is that I should have submitted LC more than 365 days ago when I do the H-1 transfer to get the 1 year extension. And in my case, it's less than 365 days. The legal consultant said it's ok since LC is approved. Is that right?

Thanks in advance.

所有跟帖： 

• Yes,if LC is approved,you may get H1B extension after -xiaobaitu- ♀ (64 bytes) () 05/04/2006 postreply 22:40:58

• 回複：Mytwocents, Xiaobaitu, still about H-1 extenstion/transfer -mytwocents- ♂ (816 bytes) () 05/05/2006 postreply 08:49:24