Starting GC in 6th year

[genie]

I am currently employed in company A for the past 5 years and they have now told me that they cannot sponsor my GC. However, I have found another company B that is willing to sponsor my GC.

My question is: Can I have company B sponsor my GC and use that sponsorship to get extension after the 6th year while continuing to work for company A even after completion of the 6 years on my H1B. Or do I have to leave the country after expiry of the 6 years on company A and go back to my country till my GC for company B is approved.

Thanks

[thums123]

You have to file PERM before 1 year to have the H1B extended for an year. If you have approved PERM, then you can have the H1B extended for an year. Try to have PERM filed ASAP and once approved file I140 on Premium. You can get H1B extension of 3 years.

[nda050325]

"Can I have company B sponsor my GC and use that sponsorship to get extension after the 6th year while continuing to work for company A ?"

Yes you can, provided The PERM is applied by Company B is within the 365 day rule, and is still pending at the time that Company A files for your 7th year extension. Company A will have to show a proof of pending PERM at the time of filibng the 7th year extension. This proof can be an email from the DOL stating the same.

If the PERM is applied and approved, the I-140 has to be applied by company A within 6 months of PERM approval, or else the LC itself expires. In this case, I am not sure, if you can use Company B's 140 approval to file an h1 extension through company A.

Your preference seems to be to keep working with company A, but use company B for PERM, GC etc. Please discuss your options with a lawyer.