NAGA1990 Posted September 11, 2021 Report Share Posted September 11, 2021 Hi Team, I am eligible for H1b Cap exempt - with current situation due to pandemic my employer isn't filing a cap-exempt petition. My first petition was approved in Oct 2016 and I travelled to US in Nov 2016 and returned to India back in April 2018. I am cap-exempt till Oct 2022 I believe and I have at least 4+ years not used. Can I file a PERM and file i-140 with other employer before my cap expires and when it is approved use i-140 to file cap-exempt petition later like may be when my cap expires and file one using i-140 approval in 2023? Can someone answer/advice? Quote Link to comment
JoeF Posted September 13, 2021 Report Share Posted September 13, 2021 No sane employer would pay and start the GC process if they don't know how good your work is. And you are not allowed to pay for PERM. Quote Link to comment
pontevecchio Posted September 13, 2021 Report Share Posted September 13, 2021 You have 4 more years allowed in H1 status with any employer over any period of time subject to future changes in the law. Quote Link to comment
NAGA1990 Posted September 14, 2021 Author Report Share Posted September 14, 2021 Thanks for the response. Question is - Can other employer file for PERM and i-140, while I work for current employer? And Yes, I will not pay for PERM myself. Quote Link to comment
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