PERM expiration

[flyby001]

Hello all,

I have filed my PERM under EB2 while with employer A and its PD is Nov 09. I got the approval in Apr 10 and subsequently filed the I 140. 140 was approved in Jun 10. I subsequently changed to employer B. My PERM was filed with employer B under EB3 on Dec 10 and I got the approval the same month.

My visa expires on the Oct 11 and am going for stamping to Toronto Canada in Aug 11. Based on the approved 140 with employer A, I am filing for my H1 B extension. I guess I will be getting a three year stamping on my passport.

My attorney says if I do not file my 140 immediately with employer B, my PERM that was filed with this employer would expire (180 days from the approval date) and subsequently if I want to file I need to do the PERM again. I am permanently employed with B and would like to continue here. The only problem is my PERM is filed under EB3.

If I ask my present employer B to re file my PERM after a couple of years under EB2, he may be hesitant if the market conditions are as now or in the company is not doing well and they want to reduce their payroll.

Can you suggest me if I should go ahead and file my I 140.

Thanks