change job on the 6th year of H1B with certified PERM

[xixidb]

Hi 

My H1B will expire in September 2015. My current company A filed PERM in May 2014 and it was approved/certified in October 2014. They are now preparing but haven't submit I-140 for me.

 

Another company B is very interested in hiring me. But I am afraid I will not have enough time to start over the PERM and I140 with company B and extend my H1B in time. 

 

Any way I can take the offer from company B? Can company B file an one year extension in May 2015 because the PERM with company A would have been filed since 365 days ago? Anything I need to consider?

 

Thanks a lot for all your help!.

 

 

[jairichi]

Only a PERM or I-140 pending for approval for more than 365 days or an approved I-140 will get you extensions.

[xixidb]

Thank you for the clarification. So what's the best I can do if I want to take the offer from company B?

 

Shall I try to get company A file my I140 asap via premium processing and hope I can get it approved in 15 days and talk to company B and see if they are willing to hold the position for 15 days and then transfer and extend my H1B?

 

Thanks!!!

[jairichi]

Thank you for the clarification. So what's the best I can do if I want to take the offer from company B?

 

Shall I try to get company A file my I140 asap via premium processing and hope I can get it approved in 15 days and talk to company B and see if they are willing to hold the position for 15 days and then transfer and extend my H1B?

 

Thanks!!!

PP is an option but you need to have another option if a RFE is issued.

Also, check with employer B if they are interested to start your GC process immediately so that by the time your H1B is due for renewal in Sep 2015 they could have your I140 approved.