H1B transfer and PERM

[Srik013]

My H1B max out is May 2019, I have been working with an Indian firm from 11years and past 5years in USA.They dont process GC's.

Now they wont give my experience letter if I quit in US, so I need to go to India and serve notice period 2 months to get my relieving and experience letter.my current client from Indian company is asking me to come back in June 2018 as independent contractor.

Questions :

1) company X is ready to take My H1B transfer and start PERM,GC process as future employment --> will this work ?.

2)can I continue working for indian company till I get my experience letter and  come to USA then start working for company X , mean while having the PERM process running by company X ?.

3) I have stamped Visa from Indian employer petition till end of H1 max out 2019 May, in april 2018 when I am planning to travel back to work with company X should I be going for stamping again ? or just the H1B transfer approval petition I 797 is good enough?.

thank you for valuable answers.

 

Regards

 

 

[Centepede]

On 11/8/2017 at 1:48 PM, Srik013 said:

 

1) company X is ready to take My H1B transfer and start PERM,GC process as future employment --> will this work ?.

--> Yes, This is your best bet if you would like to maintain your status and stay in US.

2)can I continue working for indian company till I get my experience letter and  come to USA then start working for company X , mean while having the PERM process running by company X ?.

--> Not possible. Company X will need your H1 transferred to them then file for your PERM. Since you will be in India, I wouldn't recommend coming back to US with I-797 of your old employer so you will need to get it stamped. Good thing is , you can do Dropbox if you Visa is in same class and not expired or expired within last 12 months and received after Jan 1st 2008.

 

3) I have stamped Visa from Indian employer petition till end of H1 max out 2019 May, in april 2018 when I am planning to travel back to work with company X should I be going for stamping again ? or just the H1B transfer approval petition I 797 is good enough?.

--> Technically you can come back on your old I-797 but I will not recommend so given the time and reforms causing CBP to be more scrutinizing than earlier.