Employer change

[santin]

Hi,

Firstly thank you all users and attorneys for taking time out in replying to my queries.

I work with a large Indian IT company. I am on 7th yr extension with an EB3 GC application filed in the 5th year (Nov 2010) of my H1. My labor was denied and the same was re-appealed and has been in pending state since then. I will complete my 7th year in May 2013. My company attorney has told me that I can apply for 8th year extension based on this EB3 application and that a new EB2 application will be filed before the year end. Request the intelligent audience here for guidance with the following questions.

1) Can I apply for 8th year extension based on the EB3 application?

2) Is there a way to know how soon I can hear my labor status of the EB3 application?

3) Can I change my employer before my 7th year completes and after the EB2 application has been filed?

4) What happens to my EB2 application? Can I continue to work in US?

Again, thank you for all the suggestions.

santin

[kalyan_ac]

Generally the extension of a H1b is possible beyond the 6 years if the PERM has been approved within the last 6 months or PERM is pending for more than 365 days before the expiry of H1b. It is not clear for how long the PERM has been pending for.It is generally taking about 6 months for the pending PERM to decision.