Found a new job during my OPT with a new employer | Extend old H1B


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I'm presently working on F1-OPT, which should be valid until January, 2017.

However, previously I have used up most of my H1B (5 years and 10 months); before I did COS to F1.


Note: I have not travelled outside of US since my COS to F1, because my daughter needs medical attention from a specialist Dr. at UCLA. This Dr. is the only authority in the world for the treatment we want. She has already undergone 6 surgeries before she turned 2 years. I did'nt wanted to risk the ongoing treatment by stepping outside US and unable to return to US.


My question is, can my current employer file for PERM while I'm on OPT, and if PERM gets approved, then keep extending my old H1B for 1 year, so that I can undergo COS to H1B?


In case if the PERM gets delayed, then after 365 days of PERM filing, can my current employer still use the old H1B and request for 1 year extension


Thank you

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There are fine medical centers all over the world otherwise why would the US permit foreign trained medical specialists into the US to practice.  While you may prefer to remain in the US, I think you are being overly dramatic.  That being said,  contact an attorney to discuss the possibility of a humanitarian visa for medical treatment. While it may not permit you to work, your child may be able to remain to receive medical care for an extended period of time.  You can remain outside the US and work and return for a full 6 years of H1B in the normal manner. 


Remember, any employer must file PERM along the legal guidelines. It is quite possible that it cannot go forward as your child's medical care cannot be a consideration in the decision, 


You need to hope for the best and plan for the worst.

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They can file for PERM even if you will be elsewhere. Once you are outside the US for a year, a new H1B may be filed on your behalf.


I suggest that you obtain B2 visas for your entire family so you have the option to visit the US for her to see her US doctors if you so desire. I am confident that she will receive fine medical care where ever you go and these doctors will certainly contact her current doctor for treatment recommendations.

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