I-140 approved and planning to change the job.Is is safe??


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Hi all,

Am currently working with Company A , who has applied for PERM and I have PD as July 2010, and I-140 approved. I am in my fifth year of H1B with this company and 6th year ends on Sep15,2014.

I am planning to change my job and I have following questions:

1. If I change to company B, can I use the I-40 from company A to get an extension beyond the 6th year?

2. If the company B sponsors me for the new PERM, by when should I apply LC for the new perm so that I can apply for H1B extension beyond the 6th year ending at Sep15, 2014.

3. What would be the last period/month of time this year, to move to the companyB, so that I would have ample time to filling new PERM, taking in view of the prefilling procedures and processing time for new LCA and new I-140(with porting of old PD).

All suggestions are much appreciated.

Thanks much in advance.

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Generally, an extension beyond the sixth year of H-1B is permitted even when the I-140 or PERM upon which time beyond the sixth year is requested is filed by another employer. Extensions beyond the sixth year are permitted when a PERM for a beneficiary is field greater than 365 days before the end of 6th year of I-140 is approved in a backlogged category for the beneficiary. It is always advisable to start a PERM process as soon as possible - the pre-filing recruitment for a PERM must take at least 60 days and must be no younger than 30 days old and no older than 180 days old at the time of filing. A PERM currently takes 3 to 5 months for certification after filing. Schedule a consult with an immigration attorney to develop a personalized immigration strategy.

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