H1B Transfer for 7th year no i140, Approved PERM


caseygrey

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I am in a tough spot. Can you someone help me and share your thoughts?

I came to the US on a L1B Visa in Aug 2007 through my first employer (Company A).

In 2010, my company converted/extended by Visa from L1B to H1B. The expiration of H1B was Aug 2013.

In 2008 Company A had applied for my PERM which went to an Audit process. The PERM was eventually approved in March 2011.

In Sep 2011, I moved to a new company (Company B). The attroney in Company B, used the certified PERM I had from Company A and transferred the H1B visa. The new expiration date of my i797 (for my current H1B with Company B) is Aug 2014.

In Aug 2012, my current company (Company B) applied for my PERM and it was certified a few days ago.

Unfortunately my division has started doing layoffs and my last day in Company B is Nov 30, 2012.

Thankfully I found a job with a new employer who is willing to do a H1b transfer as well as initiate my new green card process. However, Company C's attorney wants me to try and do a i140 process with Company B through premium processing. This is because Company C fears that USCIS may not transfer my Visa with an end date of Aug 2014 but instead they may give an end date of Aug 2013.

My current company (Company B) initially signed up for doing my i140 using premium processing, but now they say they can't do it since the company is doing layoffs and that they may not be eligible to move forward with any green card processing.

I need your advice on the best way to move forward and how can I get a H1B transfer date of Aug 2014 with the new company (Company C).

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