7th Year & Change of Employers

[kalyannallamalli]

Hi team,

I am in my 7th year of H1B. I got my extension based on PERM pending [365 days rule].

 

PD - 28Aug13

PERM Random Audit - 04Apr14

Audit Replied - 22Apr14

H1B Validity - 09Oct15

 

I am currently working for a small Desi [Employees=15] consulting company, I have a thought to change employers just to be on the safe side if anything goes wrong with current PERM. None of the LC [#12] filed by my employer ever got denied. Found another consulting firm who is ready to sponsor as well.

 

1. What are options if my current PERM gets denied, will I get to stay till the end of H1B validity?

2. Is it worth losing PD by changing employers as it would again cost me about 6K for new PERM and H1B transfer with new employer

3. Is new H1B transfer valid, given the current 7th year extension is based on PERM pending.

 

Many Thanks for your input.

[jairichi]

1. Yes.

2. You pay nothing.

3. Yes, it is valid.

[itsmeusa]

PD is established only when I-140 is approved. Merely filing PERM or even approval of PERM doesn't establish the PD. So, looking at your case, you have a long way to go until your I-140 is approved which would establish your PD i.e. PD is yours to keep.

[kalyannallamalli]

Thanks Jairichi & itsmeusa