H1B 6th Year I-140 Approved Pending Layoff - New GC Process

[ecotrain]

Hi,

I have 6 months remaining on my 6 years H1B and have an I-140 approved (Company A) more than 1 year ago. I foresee layoffs and want to weigh my options. If I transfer my H1B to Company B, I am aware that I can use the I-140 petition from Company A to get a 3 year extension, assuming that Company A does not revoke I-140.

Assuming that I get a 3 year H1B extension, can Company B file the GC processing (PERM, I-140, etc) in the 7th year? PERM need not be filed before the end of 6 years H1B term right?

Thanks.

[kalyan_ac]

Good question.

That is right, you can file for PERM now and interfile when filing I140 to use the old PD.