I-140 pending change job

[tal2012]

My I-140 (EB2) is pending and there are chances of denial due to education. My company is not able to file PERM (EB3) due to recent layoffs happening from last 6 months. Layoffs may continue so I am thinking to change job. My PD is 06/25/2012. My Current H1B 6th year ends (including recapture) on 06/27/2013.

Can I change the job as I-140 is still pending? If so, can new employer get 7th year extension based on I-140 pending as I meet 365 days rule?

What happens if my I-140 is denied after I get 7th year extension with new employer? Off course, new employer should immediately file PERM (EB3) and get I-140 approved before 7th year ends.

I would appreciate the advise. Thanks

[blancx]

Pending I-140 gives you no extensions. For a 3 year extension, the I-140 has to be approved.

A more 365 days pending PERM gives you 1 year extension.

Refer to: http://www.murthy.com/2011/04/08/filing-labor-certifications-during-sixth-year-of-h1b/

[tal2012]

Pending I-140 gives you no extensions. For a 3 year extension, the I-140 has to be approved. A more 365 days pending PERM gives you 1 year extension. Refer to: http://www.murthy.co...th-year-of-h1b/

I thought I would get 7th year extension if my PERM was filed at least 365 days before 6th year anniversary with I-140 still pending. Isn't it true? I would appreciate some more views on it.

[blancx]

I think you are incorrect. Only a PERM that is pending for more than 365 days gives you 1 yr extensions. I think the link I mentioned has an example of extensions based on PERM pending for more than 365 days.

Kindly get in touch with your company attorney. Just search for "H1B extension after 6 years while PERM Labor is pending" or something like that.

[tal2012]

I think you are incorrect. Only a PERM that is pending for more than 365 days gives you 1 yr extensions. I think the link I mentioned has an example of extensions based on PERM pending for more than 365 days. Kindly get in touch with your company attorney. Just search for "H1B extension after 6 years while PERM Labor is pending" or something like that.

After reading many threads and many reliable sources, it is possible to get post 6th year extension if approved PERM is filed 365 days prior to 6th year expiry and have I-140 pending. My attorney has also confirmed the same.

My question was can I change a job with I-140 pending and get 7th year extension with new employer?

Another question - Would new employer need to file PERM and get I-140 approval before 7th year expires? Is 8th year extension still possible if new employer does not get I-140 approved on-time? Please remember that there are very rare chances of success for I-140 approval with current employer due to education.

Thanks

[blancx]

I guess I am incorrect. Good to know that a pending 140 with a 365 days + pending PERM provides extensions.

[tal2012]

After reading many threads and many reliable sources, it is possible to get post 6th year extension if approved PERM is filed 365 days prior to 6th year expiry and have I-140 pending. My attorney has also confirmed the same.

My question was can I change a job with I-140 pending and get 7th year extension with new employer?

Another question - Would new employer need to file PERM and get I-140 approval before 7th year expires? Is 8th year extension still possible if new employer does not get I-140 approved on-time? Please remember that there are very rare chances of success for I-140 approval with current employer due to education.

Thanks

Any advises please on above questions? I would appreciate your suggestions / advises. Thanks

[pontevecchio]

If one has a PERM pending 365 days plus with ANY employer one can get an H1 extension for one year beyond the initial total of 6 years with any employer. Likewise for I-140 pending 0ne year plus. Please remember this is your future and do not hesitate to spend money on a Lawyer.

[tal2012]

If one has a PERM pending 365 days plus with ANY employer one can get an H1 extension for one year beyond the initial total of 6 years with any employer. Likewise for I-140 pending 0ne year plus. Please remember this is your future and do not hesitate to spend money on a Lawyer.

I have another question and any suggestions/advises would be highly appreciated.

My H1B expires on May 27, 2013 and my current employer is filing the 7th extension based on PERM pending for more than 365 days. I might get a new job offer. Can/Should I change the job after May 27th if H1B extension is pending?

[pontevecchio]

If the receipt date for a H1 petition filed by another employer is before May,27 then they can process it and you can start hoping for eventual approval. If not the bridge of continuity comes into place. Get a Lawyer involved.

[tal2012]

If the receipt date for a H1 petition filed by another employer is before May,27 then they can process it and you can start hoping for eventual approval. If not the bridge of continuity comes into place. Get a Lawyer involved.

Hi pontevecchio, thank you for response. I need one clarification. You mentioned that "If the receipt date for a H1 petition filed by another employer is before May,27", are you referring another employer as new employer or current employer? Thank you again

[pontevecchio]

Any employer needs to file an extension before your current status runs out.

[tal2012]

Any employer needs to file an extension before your current status runs out.

pontevecchio, thank you again for your response. I do agree with you that any employer needs to file before my current status runs out. My current employer timely filed extension before my current H1B expires (May 27th). My question is, if I think about changing my job, would my H1B transfer granted with new employer since current H1B is timely filed? Thank you again

[pontevecchio]

A transfer so called to any other employer would only be possible if the current extension petition is approved first and only after that. That does not preclude you from getting a H1 petition from another company approved for CP at any time.

[tal2012]

A transfer so called to any other employer would only be possible if the current extension petition is approved first and only after that. That does not preclude you from getting a H1 petition from another company approved for CP at any time.

Thank you pontevecchio for this information about continuity of status and bridge petition. This is really helpful information I was not aware about. Thank you again.