PERM restart is needed?

[Shruti1983]

Hi Group,

I have 2 questions:

1.If PERM and I-140 is approved via employer-A and then the person joins the employer-B. Does the PERM and I-140 both needs to be re-applied via new employer-B or only I-140 is needed to be re-applied.

2. If PERM and I-140 is approved via employer-A and person joins another employer-B. Her H1 is only 3 months left out of 6 years. Her I-140 via employer-B is not yet approved. Will she be able to get another 3 years extension based on approved I-140 of previous company(Employer-A) or she has to leave the country in next 3 month as her I-140 is not yet approved via employer-B where she is currently working ?

Regards,

Shruti

[pontevecchio]

1. PERM, is employer specific. The new employer will need to file PERM and then I140 if approved.

2. Based on an approved I140 you can get 3 year extensions of H1 status with any employer.

[Shruti1983]

on reply of Question 1. Thanks.

on reply of Question 2. Its still not clear. As an example I have I-140 approved from previous employer, can I get the extension of H1 in new employers H1 while I have hardly 3 month left on my 6 years H1 period.

[sudhirreddy]

If you have Perm approved with Emp-B the you can get 1yr extension to your H1B.