I-140 approved without exp. letter, now changing employer on 6th yr of H-1B

[socialguy]

Facts:

 

I've I-140 approved and have a copy of the I-797 from the current employer (say, B). I did get an RFE during 140 processing asking for experience letter from previous employer (say, A). 'A' had refused to provide me one so I replied to the RFE with copy of that email from A, affidavits from 3 ex-coworkers and some more supporting documents that I can't remember of the top of my head now. My 140 then got approved.

 

Now, I'm in my last leg of H-1, (13 months left to 6 years) and I'm considering changing the employer.

 

• I understand that if 'B' doesn't revoke my 140, I will still be able to use it for a 3 yr H-1 extension.
• I understand that if 'B' revokes my 140 and I don't have a new one in hand, I will not be eligible for extension.

 

Questions:

1. If my new employer (say, 'C') files labor with more than 365 days in hand and I don't get an approval by the time I apply for H-1 extension, can I still get at least a year extension? What date is considered as "filing" labor anyway?
2. How does the answer to Q1 change if I get the approval to labor? Also, how long does it take these days, from start to finish, for labor approval?
3. How does the answer to Q1 change if 'C' files for I-140 and I don't get an approval by the time I apply for H-1B extension, can I still get at least a year?
4. Finally, does any of the answers to Q1, 2 or 3 change if 'B' revokes the 140 anytime?

I understand this may be a lengthy post but I wanted to be clear upfront rather than asking repeated follow up questions. Thank you for your time.

 

[itsmeusa]

1. Yes, as long as your PERM has been filed for more than 365 days, you can extend your H-1b for a year.

2. No change in the answer.

3. Yes, one year extension is possible.

4. As I-140 revocation by B is not considered for questions 1,2,3, it will not have any impact. Your H-1b extension is purely based on C's green card processing steps.

[socialguy]

1. Yes, as long as your PERM has been filed for more than 365 days, you can extend your H-1b for a year.

2. No change in the answer.

3. Yes, one year extension is possible.

4. As I-140 revocation by B is not considered for questions 1,2,3, it will not have any impact. Your H-1b extension is purely based on C's green card processing steps.

 

Thank you. For some reason, I didn't get an email notification about the reply.

I'm curious how long it generally takes for perm to be approved from putting out the ad to getting an approval.

[t75]

There is no firm length of time.

[itsmeusa]

Adv - 1 month active

Silent period - 1 month after adv

Preparing / documenting - PERM recruitment file - varies per employer - usually - 1 to 2 months

Preparation of PERM by lawyer and verification of recruitment efforts - 2 to 3 weeks

Decision comes within 6 to 8 months (this can vary depending on how fast DOL processes PERM applications)

If general audit comes on PERM instead of approval, then around 1 to 1.5 month to reply to audit.

Then approval takes another 6 to 8 months (this can vary depending on how fast DOL processes PERM applications)