H1B status Maxs out in 10 months. Transfer and GC process question

[Aishwarya L]

Hi,

my current situation is my H1B status max out by August 2020 and I have hardly 10 months in hand. I am planning to transfer H1B to new employer who agreed to initiate GC process and get I140 approved by end of 10 months. I am confused on this possibility and would like to know more on the process and it’s feasibilty. Could you please advice me based on my current situation?

[pontevecchio]

By employer, I assume you mean a company with many employees. It is possible to start the process now and leave and work offshore until the I-140 is approved. It may be possible to use Premium Processing to expedite the matter once the Labor is approved.

[care_candidate]

10 hours ago, Aishwarya L said:

Hi,

my current situation is my H1B status max out by August 2020 and I have hardly 10 months in hand. I am planning to transfer H1B to new employer who agreed to initiate GC process and get I140 approved by end of 10 months. I am confused on this possibility and would like to know more on the process and it’s feasibilty. Could you please advice me based on my current situation?

10 month is very short time to process both PERM and I-140. Normally, it takes 14-16 months.

[Aishwarya L]

7 hours ago, pontevecchio said:

By employer, I assume you mean a company with many employees. It is possible to start the process now and leave and work offshore until the I-140 is approved. It may be possible to use Premium Processing to expedite the matter once the Labor is approved.

Thank you, Yes company B is accepting to process in premium. So my doubt is after August I won’t have a valid H1B, in that case can extension be applied from offshore based on approved I140 and return back with stamping ? Do they rely on old petition or just I 140 approved one works. Please advice thank you

Edited October 17, 2019 by Aishwarya L

[User099]

If your new employer had already completed some of the items like job posting and all for Perm, it can be done in 10 months. But if he has not then 10 months is short.

[pontevecchio]

You will get H1 extensions once the I-140 is approved and can then return with the visa.

[rohit369]

You can get a 1-year H1 extension on approved PERM. Given the timeline, it's challenging to get the PERM approved by then. You can try, but prepare to leave the country if it doesn't work. You can come back once I-140 is approved and your H1 is extended.

[Mav777]

 

On 11/1/2019 at 7:48 AM, rohit369 said:

You can get a 1-year H1 extension on approved PERM. Given the timeline, it's challenging to get the PERM approved by then. You can try, but prepare to leave the country if it doesn't work. You can come back once I-140 is approved and your H1 is extended.

That is incorrect, approved PERM gets no extension.  A 365-day pending PERM is eligible for a 1-year extension. An approved i140 is eligible for a 3-year extension. 

[cyberlord]

See if you can work out of US with your new employer for some time to get time for your I-140 approval. 10 months could be short, depends on your luck!