Need suggestions

[mrav85]

Hi,

 

I am working for my employer on H1B visa and I am finishing my 6 years quota by Nov 2016. My employer has filed my PERM last month under EB2 category. Now, my client is offering full time position but they are filing my PERM under EB3 category. Client attorney mentioned that they will start processing PERM after 7-8 months once I join (which might be Mar-Apr 2016)

 

Need answers for the following questions:

 

1. Since I just have only 15 months left in my H1B, will that be okay to say 'Yes' for my clients offer?

 

2. Will I be putting myself under risk choosing the position from client?

 

3. I see the PERM processing right now is at November 2014. Any idea, by when my employer filed PERM will get approved?

 

4. Once I get my PERM approved, can I do I140 through premium processing? How much time this premium I140 take for premium processing vs regular processing?

 

5. I am assuming I can have my I140 approved by May 2016 time frame. Can that happen, because I  request my client about joining by then once I have my I140? 

 

6. If my client offers position in 2016, is it okay to transfer my approved I140 from my current employer's to clients with the June 2015 priority date?

 

Thanks!

[jairichi]

1. Tricky situation. Without an I140 approval you cannot extend H1B beyond 6 years.

2. Refer 1. Check whether you have a non-compete agreement signed with your current employer.

4. Yes. 15 calendar days by PP.

5. Better not to be too optimistic.

6. An attorney in this forum has mentioned that currently there are instances where PD were not retained forI-140  petitions that were withdrawn or revoked.

[mrav85]

Thanks jairichi for your responses.

 

Regarding your answer to Q6 - If my employer is not withdrawing or revoking my I140 - then I will not have any issues right? Also, I am okay as long as I have approved I140 and if my client is going to start the process afresh as I get 3 years of H1B extension with my approved I140. 

[jairichi]

Thanks jairichi for your responses.

 

Regarding your answer to Q6 - If my employer is not withdrawing or revoking my I140 - then I will not have any issues right? Also, I am okay as long as I have approved I140 and if my client is going to start the process afresh as I get 3 years of H1B extension with my approved I140. 

As long as I-140 is not revoked or withdrawn you are fine.

With approved I-140 you are eligible for 3 year extensions with any employer.