H1b Max out. Change in Employer.


keekee

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Posted

Hello, 
Please help me with my below situation -
I have my PERM filed with company A in November 2020 and got audited in July 2021 for which my company responded in August. I will be maxing out my H1b 6 year period this December 2021. Now I got laid off at company A and they told me they are not going to file my i140 but wait until the PERM decision is taken. Meanwhile, I got offer at company B who is willing to file new PERM and transfer my H1b. The lawyer at company B is saying that we could request USCIS to give H1b extension until December 2022 based on the fact that I have valid PERM with company A which is filed 365 days before my H1b max out period. I wanted to understand if this is possible?
Thanks. 

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