7th yr H1B extension with new PERM process

[gharik25]

Dear Friends,

I changed my employer from A to B in Nov 2011.

I have an approved i 140 from employer A and my Priority Dt is June 2010.

I will be completing my 6 yrs on H1B before Nov 2012. I have my I 797 valid till Nov 3rd 2012 with employer B.

My petition with old empl is valid till Oct 2014.

My current employer(B) started the PERM process last week.

It seems that to get an approved labor it can take 6 months from now and after that I 140 can take another 6 months.

If i have to get a 7th year extension :

1)Can my employer file for H1B extension on Nov 1st 2012? if not by when should he file for H1B extension at the max?

2)Do i need to get an approved i 140 or just an approved labor is enough for 1 year extension?

3) I think its better to go back to my prev employer A as he did NOT revoke my I797.

Please suggest. Sorry for the big note.

thanks

HariK

[noauditplz]

Labor processing will take anywhere from 4-6 months. check icert.doleta.gov and other tracking websites for an estimation of processing time. As a general rule it is always better to file Perm 1 year before H1B expires so that you can get extension even if RFE scenario arises at any stage of Green card processing.

1) Normal processing of H1B petition can take from 5-6 months (TSC as of today). Filing in premium may help you scenario to get result within 15 days. Its better to apply atleast 2-3 months (in premium) ahead of your Current H1B expiration so that any RFE's can be answered.

2) In your sceneario to get an extenion of H1B, I140 approval is also needed as you are filing PERM within 1 year of H1B expiration. I140 can be applied in premium processing to get an outcome (Approval/RFE) with in 15 days.

3) you have a possibility to go back to emp A. I believe you can check on option of getting H1 extension based on previous approval of I140 provided it is not revoked (check postings in the forum) and Please do consult your current attorney on this.

if you are thinking of option 3, consult a experienced attorney like murthy and your old employer A in regards to your old H1B and I140

Good Luck!

[gharik25]

Hi,

Can someone answer my question pls. Atleast can i go for 7th yr extension without i 140?

[gharik25]

Thanks noauditplz. I think option 3 is better for me now.