Urgent - help please - H1 transfer with PERM approved in 7th year H1B + other issues

[gcissues1]

Hello,

Will be glad for any information and assistance you can provide me. Here is my situation.

My current H1 (after all recaptured time etc.,) is on the 6th or 7th year - am not really sure, but think it must be the 7th and is valid until Feb 2013.

I am with employer A and My labor PERM was filed in Jan 2012, still awaiting the decision and hope to hear in the next month or so (as it's already been 2 months). Please let me know my options as below as I'd like to move to employer B (who was actually my previous employer).

1. Can I do so now? Before PERM is approved? I think the answer is no given I only have less than 9 months left on the H1

2. Can I do so after PERM approval comes in? If that is the case, what is the process? I need the PERM approval copy and immediately Employer B needs to file for the H1 transfer so that I get an additional year?

3. If I can do that, can my new employer also immediately file for new Labor PERM - I don't think I'll have the 365 days before expiry of the 7th years of my visa as it will take them at least 2-3 months to make the filing, assuming they begin in April/ May. Is that ok not to have the labor filing done before 365 days?

4. On top of all these complications, the added thing is I'm going to India in May to get married. So, is there anything I must consider for my spouse's status?

5. Also, if I'm going to India in May, and the new employer has already filed the H1 transfer based on approved PERM, do I have to get the stamping done or can I come back on the current H1 (as I will still be employed by Employer A at that time) at that time and then move to company B after coming back in May? So, is it ok to have 2 active H1s though I would not have started working for company B using the new H1.

The other thing to do is to somehow stick onto employer A until they file 140 and it gets approved but that will take another 6 months at least.. I'd rather make the move before that.

I know it's a lot of questions, but please let me know what you folks think.

Thanks.

[redgreenbluee]

please consult a lawyer.

your PERM needs to be at least 365 days old (pending or approved) before you are eligible to apply H1 extension beyond 6 years. approved PERM is only valid for 180 days so you will need to file I-140 (and get it approved) to apply H1 extension if your PERM is approved soon.

your new employer B can file PERM any time even if you haven't joined them yet.

it is still possible to complete I-140 in less than 1 year, apply PERM (2-8 months) and I-140 PP. with approved I-140, you are eligible for H1 extension beyond 6 years. if for some reason your PERM goes to audit, you will need to leave the US because you are not eligible to apply H1 extension until your PERM PD is at least 365 days old.

once you are married, your spouse can get H4. her H4 is only valid as long as your H1 is valid.

you can use valid (unexpired) H1 visa together with a valid H1 approval notice to enter the US even if H1 visa and approval notice are not from the same employer.

Hello,

Will be glad for any information and assistance you can provide me. Here is my situation.

My current H1 (after all recaptured time etc.,) is on the 6th or 7th year - am not really sure, but think it must be the 7th and is valid until Feb 2013.

I am with employer A and My labor PERM was filed in Jan 2012, still awaiting the decision and hope to hear in the next month or so (as it's already been 2 months). Please let me know my options as below as I'd like to move to employer B (who was actually my previous employer).

1. Can I do so now? Before PERM is approved? I think the answer is no given I only have less than 9 months left on the H1

2. Can I do so after PERM approval comes in? If that is the case, what is the process? I need the PERM approval copy and immediately Employer B needs to file for the H1 transfer so that I get an additional year?

3. If I can do that, can my new employer also immediately file for new Labor PERM - I don't think I'll have the 365 days before expiry of the 7th years of my visa as it will take them at least 2-3 months to make the filing, assuming they begin in April/ May. Is that ok not to have the labor filing done before 365 days?

4. On top of all these complications, the added thing is I'm going to India in May to get married. So, is there anything I must consider for my spouse's status?

5. Also, if I'm going to India in May, and the new employer has already filed the H1 transfer based on approved PERM, do I have to get the stamping done or can I come back on the current H1 (as I will still be employed by Employer A at that time) at that time and then move to company B after coming back in May? So, is it ok to have 2 active H1s though I would not have started working for company B using the new H1.

The other thing to do is to somehow stick onto employer A until they file 140 and it gets approved but that will take another 6 months at least.. I'd rather make the move before that.

I know it's a lot of questions, but please let me know what you folks think.

Thanks.

[gcissues1]

please consult a lawyer.

your PERM needs to be at least 365 days old (pending or approved) before you are eligible to apply H1 extension beyond 6 years. approved PERM is only valid for 180 days so you will need to file I-140 (and get it approved) to apply H1 extension if your PERM is approved soon.

your new employer B can file PERM any time even if you haven't joined them yet.

it is still possible to complete I-140 in less than 1 year, apply PERM (2-8 months) and I-140 PP. with approved I-140, you are eligible for H1 extension beyond 6 years. if for some reason your PERM goes to audit, you will need to leave the US because you are not eligible to apply H1 extension until your PERM PD is at least 365 days old.

once you are married, your spouse can get H4. her H4 is only valid as long as your H1 is valid.

you can use valid (unexpired) H1 visa together with a valid H1 approval notice to enter the US even if H1 visa and approval notice are not from the same employer.

Thanks redgreenbluee. Do appreciate your help. But one clarification please - are you saying that if my PERM is now approved, my new employer CANNOT use that approval to request an additional year on my H1 based on it? So, when I do transfer the H1, they can only get it until it's current date which is Feb '12?

[kalyan_ac]

Thanks redgreenbluee. Do appreciate your help. But one clarification please - are you saying that if my PERM is now approved, my new employer CANNOT use that approval to request an additional year on my H1 based on it? So, when I do transfer the H1, they can only get it until it's current date which is Feb '12?

That is correct.