H1 extension on I140 from other company

[siva0307]

Hi,

I am currently working for company A and in end of 6th year(1 month left) of H1. I have filed PERM and I140 in parallel thru company B and got approved without working for them.  Can i use that I140 for my current H1 extension with company A? Appreciate your response in advance.

Thanks

[Guest]

Firstly, in my opinion, you cannot file perm and I-140 in parallel since the original certified labor would be needed for filing the I-140.

Secondly, legally you should be on H1b status with the sponsoring employer for the employer to be able to apply for perm for you. Moreover, your perm would require current sponsoring employer details and your current position details with the sponsoring employer. 

Hence, in my opinion it is not possible. 

[pontevecchio]

Yes.