H1B transfer during PERM pending approval

[h1busybee]

Hello all, 

 

I am on my 5th yr of H1B. And in 2 months, I will be on my 6th yr.

My employer recently filed my PERM.

 

I understand that when PERM is pending, I get 1 yr extension on H1B until PERM approval.

 

1) Can only the employer who filed for PERM, be eligible for filing my 1 yr extension?

2) If I plan to change employers while PERM is pending, Can the new employer also get the 1 yr extension, though they did not file PERM?

3) Can some new employer file for my H1B while I am still working on my current employer's H1B? If so , how long can I have that H1B kept by a new employer, though not working for them. Is there a time limit to join that company after H1B approval?

 

Thanks,

 

[rahul412]

 

1) Can only the employer who filed for PERM, be eligible for filing my 1 yr extension?

2) If I plan to change employers while PERM is pending, Can the new employer also get the 1 yr extension, though they did not file PERM?

3) Can some new employer file for my H1B while I am still working on my current employer's H1B? If so , how long can I have that H1B kept by a new employer, though not working for them. Is there a time limit to join that company after H1B approval?

 

Thanks,

1. Any employer can file, but your PERM has to be pending for more than 365 days

2. Yes.

3.New employer can file your H1 at any time, joining that employer is up to you.

[h1busybee]

Hi Thank You for responding.

 

For answer #3, how long do I have to join  the new employer?

Example:

I am towards the end of my 5th yr. so I have my 6th yr and since PERM is filed, I will get another yr extension.

So total 2 yrs.

#1 ) So if a new employer files H1B for me, will he get 2 yrs of H1B approval?

#2 ) Also, Is it safe to start PERM with that new employer right now, in parallel?

[rahul412]

#1 ) So if a new employer files H1B for me, will he get 2 yrs of H1B approval?

#2 ) Also, Is it safe to start PERM with that new employer right now, in parallel?

1. You won't get beyond 6 yrs. You need file for 7th year exp only if your PERM is pending for more than one year

2. That's up to you. Start it ASAP.