Tricky question - 7th year extension by employer B while perm has started from employer A

[US_H1_123]

here are the facts

Current H1 I94 expiration - Jan 10 2013

H1 6 year final expiration - Oct 21 2013 (including all the recapture/vacation days)

PERM filed - Feb 2 2012

PERM status - Pending (audit received and answered on June 10 2012)

I guess based on the PERM, current employer A can request one year extension which will enable me to have final I-94 as Oct 21 2014.

My question is, even before current employer files extension, can an employer B file extension based the PERM filed by employer A.

[pontevecchio]

_{One gets extensions if PERM is pending 365 days or I-140 is pending 365 days plus or I-140 is approved.}

[US_H1_123]

Thanks but if one move to company B without company A filing for extension, can company B file an extension?

[pontevecchio]

Subject to the previous post, yes. But a Lawyer would be your last word.

[nda050325]

If your PERM was filed before 365 days of your h1 expiry (6 years), and if its still pending, this PERM can be used by another employer to file for an h1 7th year extension.

I was able to get my h1 approval this way from my current employer, with the PERM documents being provided by my earlier employer.

USCIS will ask you for proof that your PERM is still pending when your h1 extension is filed. Supporting documents are:

1) Email from DOL confirming submission of PERM

2) Color Printout of the screenshot from the DOL website using employer's login (I requested my earlier employer for this)

3) Email confirmation from DOL stating that the PERM is still in process. (this is sent to the earlier employer, and I requested my earlier employer for this).

Sample format for #3:

From:

PLC, Atlanta - ETA [plc.atlanta@dol.gov]

Sent:

XXXXXday, XXXXX XX, 20XX X:XX PM

To: XXXX

@XXXXX.com

Subject:

RE: Permanent Application - Sponsorship Submission Verification

Dear Sir/Madam,

The ETA Atlanta National Processing Center (NPC) records indicate that the application is currently in Final Review. The case was received in Final Review on XX/XX/08. In the interest of fairness and consistency, applications in final review are processed in the order of their original filing date, as expeditiously as possible. As each application is unique, processing times may vary depending on the specific circumstances of the case. The NPC is currently processing final review for applications filed in XXXXXX 2008. Please be assured we endeavor to afford every request both careful attention and timely processing.

Sincerely,

ANPC Permanent Program Help Desk#XXXX

Good luck !