Immigration Issues/H1 transfer
My 6 year H1B will expire on Sept 10, 2008 ( Vacation time not recaptured ) . A PERM labor was filed on Sept 4, 2007.
Labor went in audit , response sent on Nov 28, 2007.
If I transfer my H1B to new company.
1. Can I ask 1 year extension based on my pending labor ?
2. Can I also recapture my vacation time outside USA ( approx 3 months ) ?
3. Can I use Premium Processing for H1 transfer ?
Please let me know.
Thanks in Advance
You are not entitled to 7th year until your labor cert is pending one year. So you can not apply before 9/4/08. You can ask for recapture time. You do not need premium processing, since you are already in H status, you can start working for new employer upon filing of H-1 in September.