H1B transfer during 6th year with PERM pending (Supervised Recruitment) for >365 days


whatathought

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Dear All,

 

My 6 years of H1 will expire in May 2014. My current employer A filed my GC Labor on 8th Aug 2012 and is still pending as of today with the 2nd audit (Supervised Recruitment) which is >365 days on Labor pending.

 

I am not sure if my labor will get approved with Supervised recruitment so I am thinking of transfering to another company B. Company B said if they file H1B transfer on 10th Dec 2013, they can only ask for a year as the end date on tranferred H1 which will be 10th Dec 2014.

 

My question is, if I transfer, won't I get 1 year extension (since my labor is pending > 365 days) plus remaining days of 6 years of H1B?

 

In this case, it would be 1 yr + (May 2014 - today) = appx 17 months?

 

Your response is highly appreciate and can save my wrong decisions.

 

Thanks a lot in advance.

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