H1 Transfer and GC process in 6th Year

[ashishknp]

Hi,

 

This is my 6th year on H1B. I got one offer and they are ready to transfer my H1 and file GC.

I have left only 8 months on my H1 in that case is it possible to get my H1 transfer and file GC?

Can the employer file Perm directly with H1B transfer without doing the recruitment step as they already did to hire me on H1?

What are options I have to safely transfer my H1B and file GC with new employer?

 

Thanks,

Ashish

[runakutty]

In order for your new employer to use the recruitment process to file PERM

 

1. They need to file PWD with state .

2. Need to give out advertisement for 3 weeks in  news paper. That news paper should be easily accessible to other local citizens 

 

They can only file PERM after the two process. In rare cases, your employer has right to file PERM (without doing the above two steps) only IF your employer has got PERM approved for other person. But the other person left the company while PERM certification is still valid. usually PERM certifications are valid for 180 days.

 

If your employer files for PERM after transferring your H1B, it takes 3-4 months to file PERM. Now a days PERM approval takes an year. so you can start your PERM now and if you are very lucky, your PERM might be approved within 5 months. If that happens with your PERM, I guess you will be eligible for H1B extension. I am giving you the best case that can happen.

 

Comming to worst case, you need to stay out of this country for atlease 7 months because 5+7 = 12 months. your employer has right to ask for H1B extension if your PERM has been pending for 12 months.

 

These days onsite-offshore model is very common and if your empoloyer has optiion for it, then its a win-win situation. Changing to F1 is other option , if you dont want to leave. I thing your immigration intent is very clear only after filing I-485( some say I 140 but its upto ISSO and USCIS to decide).

 

If I were you, i would go for it. But please consult an immigration attorney with your next step.

 

I am giving you an advice that I think is correct. In many instance, i may be wrong. Please take care of it and proceed accordingly.