PERM filing, H1B expiration and new job

[deets87]

Hi, 

 

I am on my 4th year of H1B, and it expires in 2 years, in August 2017. My current company started my PERM process with their law firm in May, and I am expecting my petition to be filed around November (unless there are any company-wide layoffs, which have been known to happen in my company in the past). My question is twofold:

 

1).

How long does it take from the initial filing to obtain an I-140? 8 months? 10 months? 1 year?

 

2).

I've just received a more attractive offer from a different company. The new company also promised me (verbally) that they would start my PERM process again, immediately after I join them. Obviously, I'd have to stop the process at my current company.

It seems to me that if I switch jobs now (say next month), and my PERM processing at the new company re-starts soon after, the PERM petition would get filed around April (assuming it takes 6 months to prepare the petition and file it). Given the "365-days-prior" rule on PERM filing for H1B extensions, I've calculated that this would still give me enough time to be eligible for an H1B extension in future when my visa would be about to expire. 

Is my assessment correct? Am I cutting it too close? Would there be any issues with the DOL if I suddenly started a petition at a new company after ending the one at my current company (bear in mind that the petition hasn't been submitted yet)? 

Let's say I decide not to accept this offer, but I still want to remain on the lookout for new jobs. Realistically, how much of a window from today do I have in which to find a new job and still be able to submit by August next year? 2 months? 3 months?

 

[jairichi]

1. Better to think around 1.5 years plus.

2. A PERM pending for a decision for more than a year gets you one year extension.