PERM Pending , H1B renewal

[h1busybee]

Hello all,

 

My 6th year H1B will start in 2 weeks(including recapture).

 

I work for Employer 1.

Employer 1 applied for PERM 3 months ago, but I don't like to continue working for Employer 1. I have some personal commitments due to which I cannot change employers right away.

 

Therefore, I did some research and found Employer 2, who was willing to file a PERM for me without joining the company but asked me to join the company during I-140 stage. I was OK with it.

Now Employer 2 is almost all set to file PERM(advertising completed etc etc).

 

My questions are,

1) In order to get the extra 1 year extension after 6 years H1B expires, Does Employer 2 has to file PERM before my 6th year starts?

 

2) Or, since Employer 1 already filed a PERM for me, does that mean that no matter who filed a PERM, since its filed before the 6th year starts, any employer can file for extension after the 6th year expires?

 

3) Based on your answers , I will have to rush Employer 2 to filed PERM before my 6th year starts or I can ask them to relax and file when they have everything in good shape.

 

Please enlighten me.

[jairichi]

1. Only if PERM or I-140 is pending for more than a year or an I-140 approved an employer can file for extension beyond 6 years of H1B.

2. Refer 1.

3. Ask employer to initiate GC asap.

[pontevecchio]

Extensions beyond the initial total of 6 years are granted only in these circumstances:

 

1. PERM pending 365 days and more--One year H1 extensions beyond 6 years with any employer.

2.I-140 pending 365 days plus...............One year extensions beyond the 6 years with any employer

3. Approved I-140....................................Three year extensions with any employer.

[h1busybee]

Hi ,

 

Will filing of PERM by Employer 2, negatively impact PERM filed by Employer 1? or Vice versa?

 

Employer 1 filed PERM in April 2014

Employer 2 will have to file PERM soon.

[h1busybee]

Hi ,

 

Will filing of PERM by Employer 2, negatively impact PERM filed by Employer 1? or Vice versa?

 

Employer 1 filed PERM in April 2014

Employer 2 will have to file PERM soon.

[jairichi]

Hi ,

 

Will filing of PERM by Employer 2, negatively impact PERM filed by Employer 1? or Vice versa?

 

Employer 1 filed PERM in April 2014

Employer 2 will have to file PERM soon.

No.

[pontevecchio]

They should be mutually exclusive.

[h1busybee]

anyone on this?

[h1busybee]

pontevecchio, what do you mean by "they should be mutually exclusive"