Perm Filling by Employer

[harry48]

Hi All,

Currently i am on L1A and been in USA from last 5.5 yrs., i got H1B from some other employer and he is willing to file the Perm for me..

My questions are

1. Is it good thought of switching to H1B and ask new employer to proceed with the labor? does Labor get approved before my 6th. yrs. completion?

2. If labor is pending for more than 90 days for approval, can we get the H1B extension?

any other pro and cons?

Appreciate your reply asap.

[Attorney_11]

Time present in the US in L classification counts towards the six year maximum in H-1B classification. In order to get an H-1B extension beyond the six years, either a PERM or I-140 has to be filed before the end of the 5th year in H-1B classification, or an I-140 has to be approved in a backlogged category. A labor certification can be filed even when an employee does not work with the sponsoring employer. It is advisable to seek the counsel of a qualified immigration attorney to determine the best possible strategy for an individual situation.