Change Employer While in 7th year of H1B (1 year Extension) and I-140 Pending

[prasanash]

I have completed Six years of H-1B (on Sep 2014) and recently my H1B got Extended based on my 365 days Labor filed clause for another year by Client A. So, my H1B is valid until Sep 2015.

 

My I-140 (EB2 category) was filed on August 28, 2014 and it is still in process with Client A and i was terminated from Job. Now i got another Job with Employer B. 
 

My Questions:

1) Does the new Employer B need to file my PERM immediately after they file my H1B transfer or can he wait until i get my I-140 approval ? 

2) Once my I-140 gets approved from Employer A in a month or two, can the new employer file for my H1B extension to get 3 years based on my I-140 approval?

3) How many days/months does Employer B can wait to start PERM process after the initial H1B Transfer which is valid until Sep 2015.

 

Can you please help me with these questions?

[jairichi]

1. Better to file immediately so that by the time you reach the end of 7th year on H1B you can have your I-140 approved with employer B just in case employer A withdraws I-140.

2. Yes.

3. Immediately.

[prasanash]

Thank you very much for your response. It was really Helpful.

Currently i am waiting on a Official Full time official offer (so far, they gave verbal offer) and they are willing to Process my H1B and PERM once i got hired which is about 1 week or two.

 

Until then, what are my options ? My Employment ended last week and i will be paid my benefits as part my Severance package in about 15 days. Will that be good enough to apply for my H1B transfer with new employer B ?

 

In addition, My Current Employer A said, he never withdraw the I-140.

[jairichi]

Thank you very much for your response. It was really Helpful.

Currently i am waiting on a Official Full time official offer (so far, they gave verbal offer) and they are willing to Process my H1B and PERM once i got hired which is about 1 week or two.

 

Until then, what are my options ? My Employment ended last week and i will be paid my benefits as part my Severance package in about 15 days. Will that be good enough to apply for my H1B transfer with new employer B ?

 

In addition, My Current Employer A said, he never withdraw the I-140.

You are out of status from last week. File a COS to B2 immediately or else your H1B petition with new employer might get approved without I94.

[prasanash]

Thank you very much for your response. My H1B Transfer will be filed under Premium processing next week. I think that is fine. Please comment.

[jairichi]

Thank you very much for your response. My H1B Transfer will be filed under Premium processing next week. I think that is fine. Please comment.

A gap of a week might be ok but I can not comment about 2 weeks gap. You might be lucky to get an I797 with I94.