changing job during 6th year of H1b with no approved perm


naveenhc

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Posted
 Below is my situation

 

 

a) I was working for company A, due to layoff, my position was impacted in company A.

 

My perm was pending more than 356 days in company A as my perm went into audit.company A did not revoke my perm application.

 

b) I got job offer from company B which is consulting company and got 1 year extension based on pending 365 days perm from company A.

 

Company B (employer - holds my H1B visa, processing my GC) ====> Prime vendor ====> client.

 

c) I am currently in 6th year of my H1b.

 

Below are my question.

 

1) Can I transfer my H1B to prime vendor or client?

 

2) Can company B still process my GC even after I move to prime vendor or client?

 

3) If Prime vendor (or client) transfers my H1B how many years of extension will I get?

(Is it good idea to get my H1b transferred)

Posted

1) yes, transfer is possible.

2) yes, but its rare.

3) 1 year, if you PERM from company A is still not been revoked. if it has been revoked then duration will be whatever is remaining out of 6yr.

Posted

1. Yes

2. B will have to file their own PERM to start the GC process.

3. 1 year if PERM is still pending. But if PERM is approved and since A has not filed your I-140,  you will not be able to get extension beyond 6 years.

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