7th year H1b extension approved - PERM denied - H1 transfer??

[suresh21]

My 7th year h1b extension is approved and received I797 valid until 10/30/2016. PERM is denied.

 

I want to know what are my realistic chances to transfer my H1b to different employer until the current validity period(10/30/2016). 

Please advice.

[jairichi]

Should not be an issue. Reason for PERM denial?

[suresh21]

Thank you jairichi.

are you sure I can transfer without any issues?? i am getting mixed answers (attorney's on ******.com said NO).

do you know anyone who have done this?

denial reason was missing documents.

[jairichi]

Thank you jairichi.

are you sure I can transfer without any issues?? i am getting mixed answers (attorney's on ******.com said NO).

do you know anyone who have done this?

denial reason was missing documents.

Yes, I am positive. Why doesn't your current employer file an appeal by submitting missing documents?

[suresh21]

actually, he is going to appeal more as to keep the PERM active, so I can get H1b approved.

 

Once H1b is approved, I just want to move. I do not trust my attorney - made several mistakes on my application...

[hush123]

You said PERM is Denied. DOl directly denied the PERM or Is there any query that your attorney didn't respond?

[jairichi]

actually, he is going to appeal more as to keep the PERM active, so I can get H1b approved.

 

Once H1b is approved, I just want to move. I do not trust my attorney - made several mistakes on my application...

Since you already have a H1B approved till 10/30/2016 you can move to new employer. No issue at all.

[Raj7157]

Just for information purpose.... 

 

After moving to new employer, Can new employer file NEW PERM Application for him?

[jairichi]

Just for information purpose....

After moving to new employer, Can new employer file NEW PERM Application for him?

Yes. It can be done even now.

[saranvisali]

I have a similar situation. My perm was filed on 5th year prior to 354 days in my H1B. It got denied and went to BALCA. Then told my company to withdraw and file 2nd perm in my 7th year and was told I will get extn for 8th year only if my 2nd perm and i140 is approves though it the 2nd perm was filed 365 days.

Can anyone tell me what is the option I have here?

[jairichi]

I have a similar situation. My perm was filed on 5th year prior to 354 days in my H1B. It got denied and went to BALCA. Then told my company to withdraw and file 2nd perm in my 7th year and was told I will get extn for 8th year only if my 2nd perm and i140 is approves though it the 2nd perm was filed 365 days.

Can anyone tell me what is the option I have here?

If your PERM or I-140 is pending for more than 365 days you are eligible for 1 year extension.

[hariyoCard123]

Thank you for the question and thanks a lot for gurus in the forum for the answers.

 

I have a similar situation:

 

1. Company A filed PERM, by the end of 5th year, got H1B extension until 7th year (Nov 2016).

2. PERM is revoked, documentation issues.

3. I still can keep my extended H1B.

4. Want to move to different employer. Company B. Transfer my H1B.

5. So filing of PERM by Company B on 6th year of H1B (Before 7th year starts  OR Before 365 days)

6. Transfer my H1B to Company B in the middle of PERM result waiting.

7. If any query/problem happens, can I still extend my H1B to 8th year from Company B ?
8. Do I need to consult this with any immigration lawyer for correct answer? Or whatever posted(answers) above by the members is sufficient? (i.e I still can extend to 8th year without even filing I-140  or  when I will be waiting for PERM approval).

Thanks in advance

[Xhris]

My 7th year h1b extension is approved and received I797 valid until 10/30/2016. PERM is denied.

 

I want to know what are my realistic chances to transfer my H1b to different employer until the current validity period(10/30/2016). 

Please advice.

 

Hi Suresh,

 

Were you able to get this transfer done?

 

Regards,

Chris

[Xhris]

My 7th year h1b extension is approved and received I797 valid until 10/30/2016. PERM is denied.

 

I want to know what are my realistic chances to transfer my H1b to different employer until the current validity period(10/30/2016). 

Please advice.

Hi Suresh,

 

Just wondering if you were able to transfer without issues.

 

Regards,

Chris