Urgent: Please reply: H1B transfer in 7th year

[vrana116]

Hi,

I have completed 6 years on my H1B and now I am getting extension as my Perm was filed around 2 years back (it is stuck somewhere now). On the basis of Perm, I am getting 1 year extension. My current H1B is getting expired on Oct 2011 and company has started processing for extension. Now I have got a job from another company. Now should I wait for extension to come and then give extension to new company for transferring or it is also possible that new company can transfer my current H1B (which is valid until Oct 2011) and then get an extension on the basis of my Perm filed in current company. Is it possible. Will I need to provide any perm related documents which I don't have with me. Is there any better way to do it. I don't want to lose new company opportunity. Please help me to get it. Thanks in Advance.

[Transformer]

Your new employer has to provide the proof that your PERM was filed 365 days before completing your 6 years on H1B at the time of H1 transfer to get 1 year extension. Without the proof you can't get 1 yr extensions. You need to get this from your current employer/attorney.

[ravun]

Hi All,

I am also some what similar situation and need your advice in possibility of H1B transfer after 7th year extension. With my current employer A, my GC (EB3) is in process and I-140 is approved. Based upon that, my H1B is extended for 3 years which is valid till Dec-2012 (around 17 months left). Another employer B is ready to transfer my H1B and apply the GC in EB2. My question is:

1) Is it possible to transfer the H1B after 7th year extension based upon current employer I-140 approval (for which I have the receipt number, but not the copy)? And can employer B also apply GC parallely

2) If it is possible to transfer H1B, then can I wait for 6-8 months to join company B after H1B transfer? This is just to ensure the active status of employer A I-140 so that employer B can request the earlier priority date and smooth H1B transfer.

Appreciate your feedback in this.

Thanks,

Ravu

[Transformer]

File FOIA with USCIS to get a copy of I-140 approval. Read the thread:

http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2704080912&m=3751083231

You can transfer your H1B and get 3 years extn based an approved I-140 from previous employer but you need a copy of I-140 approval.

You can stay with your old employer after H1 transfer as long as you wish.