L1B -> H1B Conversion - PERM Approved and change employer

[richesh07]

Hi All,

 

I have a question on my case, request you to pleae guide me on this.

 

My L1B got maxed out on April 30, 2015. I travelled to Canada in April 2015 and got my H1B stamped till April 3, 2016. Now I'm on H1B status. My Employer 'A' has filed PERM in EB3 (priority date Sep 2013) and it got approved on April 2015. I'm waiting on them to file I140 now. I want to change my employer now. My employer has told me that they will revoke I140 within 2 months of job termination.

 

I have got below scenarios, Please guide which one is best to chose. 

 

1) Change the employer now as I'm still left with 8-10 months on H1B and ask new employer to initiate PERM in EB2 which will give me a new priority date but in EB2 category.

 

2) Change my employer after I140 is approved and ask new employer to transfer the priority date in EB2 category this time. As my employer will revoke I140, my new employer needs to file PERM as soon as I join them. Not sure whether it is possible. But I can see a riks here. 

 

Appreciate your help with regard to this.

 

Thanks!

 

 

[jairichi]

You can choose any option but at the end of 6 years on H1B if your I-140 is not approved and valid you will have to move to a dependent status or exit US.

[richesh07]

I think if your PERM is approved or filed, you can still get H1B extended by 1 year every time you file an extension. If I140 is approved, you get 3 years of extension.

If my new employer files PERM as soon as I join them now, could i not be able to get extension by 1 year as PERM is in process ?

[jairichi]

I think if your PERM is approved or filed, you can still get H1B extended by 1 year every time you file an extension. If I140 is approved, you get 3 years of extension.

If my new employer files PERM as soon as I join them now, could i not be able to get extension by 1 year as PERM is in process ?

Only if PERM or I140 is pending for approval for a year or an approved I-140 you are eligible for extension. Othrwisee no extension beyond 6 years.

[PradeepReddi]

Couple of points to Note:

1) PD is tied to Employee, NOT Employer, so it doesn't matter if your employer revokes your PERM case or not.

    you can retain it ONLY if your I-140 is approved.

2) you still have lot of time in the 6year cap of H1B, so don't worry about H1B extensions based on PERM right now.

 

if you care about PD (Recommended):

do the I-140 filing with current employer in Premium processing & get it approved &

then move to the new Employer.

 

if you don't care about PD: 

just transfer your H1B & start new PERM filing.