Filing H1B transfer 10 days before 6 years end and working till I get response from USCIS. Is it legal?

[Srnik000]

legal to work beyond 6 years on H1B while transfer in process?

Filing H1B transfer 10 days before 6 years end and working till I get response from USCIS. Is it legal?

Following are details.

1. Currently working for company A on H1B. H1B expiring on 16 Apr 2013(6 years max out and no days to recapture).

2. Company B filed PERM on 25 Oct 2012 and gone into AUDIT on 05 Feb 2013.

Now Company B immigration team is asking me to go for H1B transfer just 10 to 15 days before 16 Apr 2013 in regular process.

They are saying it will take 4 to 5 months to hear from USCIS and meanwhile PERM will be approved and I140 can filed in Premium.

Is their advise correct? Please help me.

[JoeF]

legal to work beyond 6 years on H1B while transfer in process?

Filing H1B transfer 10 days before 6 years end and working till I get response from USCIS. Is it legal?

No, it isn't.

[nda050325]

You will need an approved h1 petition to work, below or beyond 6 years.

Your h1 petition beyond 6 years can only be approved, if your PERM was filed 365 days before six year period, or if you have an approved I-140, which gives you a 3 year extension on your h1.

So far, the above is basic information which is available all over this forum.

Coming to your specific case:

1) I wonder whats the basis for the confidence of "meanwhile PERM will be approved" ?

2) Have you found out wjhats the reason for the audit?

3) H1 transfer will not be approved. H1 will be valid only till the petition expiry date.

4) and even if that happens, you plan to retransfer back to company C ?

5) sorry for asking - but have you thought about - what if PERM gets denied?

Please consult a good immigration attorney, to discuss your options.