H1B Transfer only 16 months left on H-1B

[sakethwins]

Hi All,

 

I have a question, here is the scenario... On H-1B visa from 4 years 8 months and now  want to transfer H-1B as only 16 months left for H-1B, can we transfer H-1B and apply for GC with new employer ??

[jairichi]

Yes.

[itsmeusa]

Sure, why not. But make sure PERM is applied before you complete 5 yrs on H1b. That way, you have PERM pending for more than 365 days when you apply for H1b extension beyond 6th year. If your PERM is approved + I-140 is also approved, then you don't need to worry for extension beyond 6th yr.

[pontevecchio]

The new employer can file a H1 petition for you and initiate the process for a GC if the company wants to.

[sakethwins]

Thanks for the information, I will be having 16 months of H-1B visa in which 4 months will be from 5th year H-1B, if I start GC process.. It takes around 5 months for initial process (Privelaging vagues, Advertisement and documentation works)  and by the time PERM (Labour) is applied I will be in 6th year of H-1B, will I be able to get subsequent extensions and PEMR Approval ???

[itsmeusa]

In that case, you could go out of US and create a situation that PERM is pending for more than 365 days at the time of H1b extension filing.

[sakethwins]

In that case, you could go out of US and create a situation that PERM is pending for more than 365 days at the time of H1b extension filing.

"I didn't get you " what do you mean by create a situation ?? Please can you elaborate on what you mentioned :"

[itsmeusa]

Suppose, your PERM is filed when you have only 9 months left on H1b. In that case, you need to go out of US for say 3 to 4 months and create this gap of 365 or more days. Once you do that, your employer could file H1b extension beyond 6th yr on the basis that PERM is now pending for 365 or more days. That way you would get 1 yr H1b extension. 

[sakethwins]

Okay, looks like it's advisable to apply for Labour (PERM)  before 6th year of H-1B kicks in. Thanks for the info,!! 

[itsmeusa]

Yes, it's always good to get started. Getting in queue is the key. All other things will follow thru. Best luck!