Potential problem on 7th year H-1B transfer?

[immiq]

Is there any potential problem for the 7th year H-1B transfer? Can the applicant request 8th year H-1B extension (from the new company) using the old company’s approved LC filed more than 365 days but no I-140 filed (because already left)?

 

[ImmigAttyLana]

Possibly, yes, but in order to have everything in order the new employer should also show good faith by filing a labor certification on his behalf prior to requesting an 8th year extension.

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

 

[immiq]

There is no doubt that the new company will file a fresh LC but it will be definitely pending less than one year at the time of request the 8th year H-1B. So, using the old company’s LC seems the only way to request the 8th year H-1B from the new company. The problem is whether it is doable?

 

[ImmigAttyLana]

Yes, it is doable, as you can apply for a 8th year extension so long as A labor certification application has been filed on your behalf. I was simply referring to the strategy of the whole matter so that the USCIS sees that you have taken the steps with the new employer to also file for your labor certification application.
Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

 

[immiq]

Yes, it is doable, as you can apply for a 8th year extension so long as A labor certification application has been filed on your behalf. I was simply referring to the strategy of the whole matter so that the USCIS sees that you have taken the steps with the new employer to also file for your labor certification application.
Please let me know if you have any additional questions or if I may be of further assistance to you in this matter.

Thank you for your reply. But the problem is the new LC will be definitely pending less than one year at the time of request the 8th year H-1B extension. If I have to use the old company’s approved LC but no I-140 filed, how shall I respond to the USCIS potential challenge: why there is no I-140 filed; will you go back to work for that company? If there is no evidence to show that I will be back to that company, how can the USCIS approve my 8th year H-1B extension by using different company’s LC? What is your opinion on my concern?