Perm Filling by New Employer..

[harry48]

Dear All,

Currently i am on L1A and its my 5.5 yrs. being in USA, i have approved H1B and wants to switch over my Status to H1B. I have couple of questions.

1. My New employer is willing to file the Labor, is it advisable to go with the change of status with new employer given H1B max out is having only 6 months left?

2. If new employer file the labor sometime Mid of March 2013, will it get approved by starting of June?

3. If Labor is not approved but pending for more than 90days, can we get H1B extension?

Any other pro and cons? Appreciate your reply.

[harry48]

Dear All,

Appreciate your reply on this..

[catx]

For a PERM labor certification application, it typically takes around 6 months for (1) preparation by the employer with the prevailing wage determination, required recruitment activities, etc., and (2) processing and approval by the Department of Labor (DoL), assuming there are no issues or other delays, such as an audit. Thus with only 6 months left on your initial employment visa time, you may well find yourself out of luck for a visa extension, especially if the process runs into any issues or delays. In other words, your employer needs start right away for there to be a chance that (1) a PERM labor certification application filed for you is approved before your visa expires, and then (2) your employer can file for a (1 year) visa extension.