7 months left on H1 - what happens when a company applies for PERM

[SBhargava]

1. I have completed 5.5 years in US and have around 7 months left before I exhaust my permissible limit to work on H1. In this situation, if I switch job in US and the new company is ready to file a GC for me then what are the possible options I have?
   1. Do I need to get both Stage 1 and 2 (I-140) cleared in order to get an extension on H1 so that I can continue to work?

   2. If I don’t get the labor approved, does that mean I have to go out of US and have to wait until both labor and 140 gets approved?

2. Does labor require me to stay in US until its approved?

How would I apply for an extension when I am out of US and labor and 140, both are approved? What is the process for that?

Does company matter when it comes to labor filing. E.g. Company X’s labor can get filed before Company Y?

I am planning to join a company, which is looking for a candidate for last 5 months but haven’t got the right candidate yet. This company has offered me that position; however, I just have 7 months left on H1 before I exhaust my 6 years limit on H1. Can my new company file a GC immediately?

Do I need to join a particular company in order to apply a GC or the company can file a GC on my behalf without me joining them? How would this option work out in my case?

[skn239]

Please find the comments below 

 

I have completed 5.5 years in US and have around 7 months left before I exhaust my permissible limit to work on H1. In this situation, if I switch job in US and the new company is ready to file a GC for me then what are the possible options I have?

1. Do I need to get both Stage 1 and 2 (I-140) cleared in order to get an extension on H1 so that I can continue to work? 

With stage 1, you get 1 year extension on H1 visa and with stage 2 you get 3 year extension. The company can file for stage 2 immediately(with in a week) in premium, so that you get the extn for 3years, though they have time for 6months to apply for stage2.

1. If I don’t get the labor approved, does that mean I have to go out of US and have to wait until both labor and 140 gets approved?

yes, you to leave US and come back on H1 again once labor or I140 approved. You can check with attorneys for any alternatives(if any)

1. Does labor require me to stay in US until its approved?

No

1. How would I apply for an extension when I am out of US and labor and 140, both are approved? What is the process for that? Check with attorneys, they will do it for you, just you might need to take the visa data, that's it.
2. 1. Does company matter when it comes to labor filing. E.g. Company X’s labor can get filed before Company Y? Mostly No, but it is always, preferable to start the GC process with the big company, to be on a safer side.
   2. I am planning to join a company, which is looking for a candidate for last 5 months but haven’t got the right candidate yet. This company has offered me that position; however, I just have 7 months left on H1 before I exhaust my 6 years limit on H1. Can my new company file a GC immediately? There will be two steps the company has to do before they file for PERM, prevaling wages and adds. Once this process completes(in about 3-4 months), the company can file for PERM(GC)
   3. Do I need to join a particular company in order to apply a GC or the company can file a GC on my behalf without me joining them? How would this option work out in my case?