H1B Transfer after PERM Denial / Withdrawal. Please Respond.


sureshcoim

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Hello, 

 

I am on my 8th year of H1B stay. My labor/ PERM filed at the end of 5th year of my H1B visa was denied. The PERM / labor was requested for reconsideration and moved to BALCA after denial. Because the PERM / labor was filed within 5 years of my H1B, I was able to extend my visa for 7th year and now 8th year too. My current visa validity is till Dec 2015 (not stamped in passport though). My employer withdrew the labor / PERM application that was pending with BALCA for some reason. 

 

Now I know, I cannot extend or renew my H1B visa beyond Dec 2015 as I don't have an I140 Approved or active PERM filed at the end of 5th year. But, Is it possible to transfer my current H1B visa validity (Dec 2014 - Dec 2015) to a new employer without a PERM / I140 in active status? Can someone please help clarify this? 

 

Thanks!

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Suresh,

 

Mean time you file new GC Labor and still you have time to get approved GC  Labor and I-140. Please consult  good  attorney and proceed with same attorney for GC process and my friend was same boat couple years back but now he got a I-140 approved before his extension.

 

Note: His attorney applied after labor approval I-140 in the premium processing.

 

All the best

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