How soon the client has to apply for PERM LC when H1b(9th year) is expiring in Feb 2015?

[Kant]

Hello Experts

I am on 9th year H1b because I have an approved 1-140 and H1b is valid till Feb 2015 with current employer. Now the client offered the full-time. I spoke w/ my current employer and he said he can cooperate to port my I-140 date once I get the new I-140 approved from the client. Since my current H1b is expiring in Feb 2015, I have only 1 year 2 months left before they can get new I-140 approved. So far I haven't received any offer from the client and they are still working w/ immigration team on how soon they can file the PERM. Its very slow process from client end. 

Now I heard from many people that the PERM is taking long time to get the labor certified. For some of them, it is still in process and they are leaving the country because they can't get extensions. I know and heard that the PERM case has to be filed 365 days prior to the last day of H1B expiry date. I guess this is true in case if you are applying for PERM when you reaching H1B 6 year limit. In my case, I am already in 9th year. 

So my question is if I have to take the fill time offer at the client place, how soon they have to apply for PERM LC (not considering 365 day rule) so that I can get at least 1 year H1B extension after Feb 2015? Or does the 365 day rule even applies to me?

Please advice me the odds & evens if i take the full-time position at the client.

Thanks in advance.

[madhu418]

You are not clear on one thing. when you plan to join the client.

1) when your I140 is approved or

2) as soon as possible

 

For consideration if you plan to join client immediately, Ask your client to file for LCA and PERM together. ONce LCA is approved they will do your H1B transfer which you will get an ext for 3 years based on your previous approved I140. 

 

PERM takes 4-6 months with no audits and you will be good to apply for I 140 with approved PERM. since you have three years on H1B

 

In case you plan to join client only after I140 approval, then the best way is to ask client to apply for PERM as soon as possible and then after 6 months or when approved apply for I 140 in premium processing. once you get approval then ask them to file for LCA and then H1B transfer. this option will take any where between 9-12 months. so you should be okay to stay with current employer. If it is not approved within a year from now, then ask your current employer to apply for H1B ext based on I 140 approval and you will get 3 years.

 

This is what I would do. I will join the client once he has shown me proof that the PERM and LCA are applied together. and then apply for H1B ext and then port the priority date. I think (please verify) that employer need not withdraw their I140 or cannot. so if you dont get approvals either PERM or I140 with client then ask your previous employer to transfer your H1B and join him.

 

Usually no client will be interested in waiting for an year for an employee to join. so make your best judgement,