Transfer of H1B during 7th year extension

[adipadi]

Hi All,

 

If I get a 7th year extension due PERM application pending for more than 365 days, am I allowed to change employer at this stage by way of transferring the H1 to the new employer?

 

Thank You!

[pontevecchio]

Yes, You are.

[adipadi]

Thank you for your response,pontevecchio. So my 7th year extension would be typically for 1 year due to the decision pending on my PERM. So if in that 1 year, I transfer my H1B to a new employer, then would I still have my transferred H1B valid for the remainder of that 1 year?

 

Assuming yes to above answer, what are my options when that 1 year of extension is at the end and I am with my new employer?

[pontevecchio]

The extra year of H1 stands valid. After that it is based on your circumstances. If the PERM is still pending you can get year long future extensions though the previous employer may stop the process if you leave. If you have an approved I-140 you can get three year extensions usually even if the I-140 were revoked for non fraud related matters.

[adipadi]

Thank you again! :-)

 

1. Now in this scenario, if my new employer files a fresh PERM for me, is there an additional risk of that PERM getting rejected?

2. Also, my current PERM is in EB3. If the new employer files the PERM in EB2, does that add to the chances of it getting rejected?

 

Thanks!

[pontevecchio]

1. Not because of this.

 

2. Not because of this. PERM is first filed and then approval of the I-140 involves EB2 o0r EB3 based on job requirements and your credentials.