Change of employer, in 5th year

[h1brenewal6yrs]

Hello

My first H1B started in oct 2009. My second H1B ends in oct 2015.

I have my I140 from my first employer (2009-2013). Right now, my second employer ( 2013 - current) is doing my labor certification and its in process.

 

But I am not sure with my current employer( there may be layoffs) and I wish to change the job now. Even if I get a position immediately, and if my new employer is willing to start my GC immediately, it will be atleast 8-9 months before my labor is filed.

In the worst case, where my labor is not pending for 365 days before I can renew my H1 in oct 2015, what options will I have?

 

If I have to leave the country and my employer applies for H1 while I am out of the country, will that H1B be subjected to annual cap? Can I come back to work immediately after the H1B is approved  or will it have to be 2016 october?

 

Thanks.

[jairichi]

Hello

My first H1B started in oct 2009. My second H1B ends in oct 2015.

I have my I140 from my first employer (2009-2013). Right now, my second employer ( 2013 - current) is doing my labor certification and its in process.

 

But I am not sure with my current employer( there may be layoffs) and I wish to change the job now. Even if I get a position immediately, and if my new employer is willing to start my GC immediately, it will be atleast 8-9 months before my labor is filed.

In the worst case, where my labor is not pending for 365 days before I can renew my H1 in oct 2015, what options will I have?

 

If I have to leave the country and my employer applies for H1 while I am out of the country, will that H1B be subjected to annual cap? Can I come back to work immediately after the H1B is approved  or will it have to be 2016 october?

 

Thanks.

You can move to H4 or any dependent status or leave US till your PERM is pending for more than a year. If your PERM is pending for more than a year then an employer can file for 1 year H1B extensions. But, since you have an approved I-140 your new employer can file for 3 year H1B extensions. You need to have some days or weeks to recapture to file for H1B extension.

[psramkumar]

be there with the same employer who has i-140 Approved, and wait until u get the GC, 

 

don't think anything else until you get GC, if you have continuos pay stub you are free to travel outside country and get stamping, just make sure u r getting payed every month as stated in the LCA, and the W2 need to show more or equal to the salary stated in the LCA.

 

rest of this things are up to your Luck.

 

Good luck.