Job change advice on 6th year of H1B


shakti012

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Hi,

 

I need some advice.

 

My 6 years of H1B expires on Oct-2015.

I have a approved I-140 from employer A in June 2011.

Employer B has filed PERM but not yet approved.

 

Employer A and B are the same company but different groups and locations (Oregon and California, That's why they had to file the new H1 as well as new PERM)

 

Now since Employer B is doing layoffs, I want to find an Employer C.

 

Let's assume I find a job at Employer C around Dec-2014.

They will file an H1 transfer.

 

Can C file an H1 for directly 3 years instead of 10 months?

(Based on my approved I-140 from A)

 

What are the impacts?

 

Or will they have to file H1B only for the 10 months upto Oct-2015?

In that case they will have to file a PERM some time in 2015 which is less than 365 days before 6 year completion and so, my H1B extension will be denied.

 

Are there any other issues I have to consider?

 

Please advise if switching an employer is risky at this stage.

 

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