What’s your opinion?

[immiq]

Because doing 7th year H-1B transfer may cause a problem of filing 8th year H-1B extension by using old company’s approved LC without I-140 filed, it is not recommended for the 7th year H-1B transfer. Do you agree? Do you think whether the 8th year H-1B is approvable or not by using the different company’s approved LC (no I-140 filed) filed more than 365 days?

[ImmigAttyLana]

I believe you still have a basis for submitting an 8th year petition if a labor certification application had been filed on your behalf at least one year prior to the expiration of your 6-year period in H-1B status.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

[immiq]

I believe you still have a basis for submitting an 8th year petition if a labor certification application had been filed on your behalf at least one year prior to the expiration of your 6-year period in H-1B status.

Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

If the USCIS wants an explanation why no I-140 filed by using the old company’s LC to request the 8th year H exyension and whether the employment relationship still exists, how shall I respond? I actually leave that company forever.

[ImmigAttyLana]

There is no requirement that the I-140 be filed in order to qualify for the 8th year extension under the current law. It specifically deals with extensions of H-1B status based on A labor certification that had been filed at least 365 days prior to the expiration date of the 6-year H-1B status. That is why I suggest that the new company also first file the labor certification application on your behalf and only then apply for the 8th year petition. IT makes it more good faith then.
Please let me know if you have any additional questions or if I may be of further assistance in this matter.

[immiq]

There is no requirement that the I-140 be filed in order to qualify for the 8th year extension under the current law. It specifically deals with extensions of H-1B status based on A labor certification that had been filed at least 365 days prior to the expiration date of the 6-year H-1B status. That is why I suggest that the new company also first file the labor certification application on your behalf and only then apply for the 8th year petition. IT makes it more good faith then.
Please let me know if you have any additional questions or if I may be of further assistance in this matter.

No I-140 filed usually means the employment relationship between the beneficiary and LC sponsoring company no longer exits. I have read a report from other forum where someone reported using the different company’s LC to request the post 6 year H extension. But the CIS requests the explanation why no I-140 filed. I guess the CIS wants to confirm whether the employment relationship still exits. I did not see the answer.

The Reg permits the post 6 year H until the beneficiary completes the whole green card process from the SPONSORING company WHERE the LC or I-140 has been pending for more than 365 days. If the beneficiary leaves the LC SPONSORING company and starts the new green card process from the different company but still uses that old company’s LC to request the post 6 year H extension from the NEW company (with the new LC filed but less than 365 days), do you think it won’t have ANY problems?