H1B in 7th year/PERM in Audit/Laid Off

[recently_laidoff]

Hello Folks

 

I have an important query regarding my H1B immigration status in coming months. Can someone please help?

 

I am currently in the 7th year of H1B visa ( completed 2 stints of 3 year each and got 1 year extension till Oct 2015). 

My PERM application is still in audit and I have never received an I-140 approval earlier, so I don’t have an established Priority Date.

Recently, I was laid off by my Employer A and  my last day at work will be in February.

 

Considering above, 

---->

If I get an alternate employment offer from Employer B, how will I be able to extend my H1B beyond Oct 2015 (considering my PERM and I140 with Employer A never got completed) ?? Will I have to leave the country because of this?? Even if my new employer B agrees to file PERM, it will take sometime. I am already past the 1 year deadline wrt Employer B. ( AFAIK, PERM should be filed atleast 1 year before H1b expiration date to keep on receiving 1 yr extensions)

 

Has somebody been in this unique situation?? OR-- has knowledge of what can be done?

 

Thanks in advance.

 

//BR

[jairichi]

Your H1B petition with new employer will be approved till Oct 2015.

[ashuneel]

Most likely You will have to leave the country even if employer B file PERM on day one. Without PERM approval you cannot file I-140 so that is not in the picture for now.

Not sure if you can get 1 yr extension based on current PERM pending but your employer may withdraw PERM application as they do not have valid job opening for you.

[sarvesh23@gmail.com]

Hi Ashuneel/Moderator,

 

Today's Date - 3/16/2015

 

I am in similar situation, I have my PERM pending since 2012 and on that basis I have received 7th year extension from employer A till May 2016.

 

My question to this forum is if I change my job to employer B -

1) Will I get H1 transfer approved till May 2016 (7th year) or some other date is possible.( As I will be completing my 6 years in US in May 2015).

 

2) What are the proof of document required before initiating H1 transfer with employer B, so that I can still get H1 transfer approved till 7th year as the PERM was filed by Employer A.

 

Specific question to Ashuneel - Did your H1 transfer go through fine without any RFE when you changed your job after Feb 2015. Did you get the Visa approved till Oct 2015 or Oct 2016 ?

 

Thanks

Sarvesh

[ashuneel]

Your  question to this forum is if you change my job to employer B -

 

1) You will I get H1 transfer approved for 1 yr( 365 days) from the date of filing by employer B as it is 1 yr extension for pending PERM

 

2) You need A number( A-12XXX-XXXXX) as the proof of document( PERM questionnaire filing number)  before initiating H1 transfer with employer B, so that you can still get H1 transfer approved for 1 year.

 

Specific question to Ashuneel - Did your H1 transfer go through fine without any RFE when you changed your job after Feb 2015. Did you get the Visa approved till Oct 2015 or Oct 2016 ?

 

The question does not apply to my visa approval and I am providing opinion based on facts provided by you.