Labor Filing as part of GC process.

[sri_cute83]

Hi,

I am on 5th year H1B and my 6th year H1B expires in October 2013. My current employer is planning to file my Labor certification application in the next two weeks and I am planning to change to a new employer now.

Will i be able to still apply for labor and i-140 once i move to a new company , if new employer is willing to start GC process right away. Until when will i be OK to change the employer given my H1B expiring in OCTOBER 2013.

Thanks.

[Jyothis]

PERM filing has a lead time where a few steps are done by the company and attorney. If you have to do the switch and start, I would say sooner the better. either you will need your PERM applied before 365 days of your visa expiry or you would need to get your 140 approved before your visa expiry to get your H1 extended beyond 6 years. do keep that in mind.

[sri_cute83]

Thanks for the reply Yankee...How about if i move by this month(April) end. i will have 5 months before my h1 6th year starts and assuming that the new company files Labor in august this year, and in 3 more months if my 140 also gets approved will i be in the OK situation?

[freshoftheboat?]

It is recommended to start your greencard process atleast 365 days before you H1B expiration..note that I underlined recommended..because it is an advice and not a rule.

Even if you apply early in 6th it shouldnt be a problem. When you get your labor clearance then you are good to go to apply for H1B extension...So your plan sounds good.