H-1b Extension Based on approved Perm from previos Employer

[apurvap]

Hi,

          My H-1 max-out date is Jan end of 2016. I filed my perm with company A in EB 3 on May-2014 and it got approved on Apr-2015. I left this company A and joined a new Company B on March-2015. My Company B filed for a new perm last week(Sep) on EB 2.

 

Question:

 

1. Can company B request for H-1b Extension for 1 year beyond the max -out date based on Approved perm from Company A(Since it was applied before 365 days from Max-out date?)

 

If yes, what kind of documentations should company B submit? Should i get the perm approval via FOIA request?

 

 

Thanks,

Apurva

[jairichi]

Approved PERM does not get you an extension.

[jairichi]

Sorry, I am wrong. Company B can file for 1 year extension as long as approved PERM is not revoked by company A. You need to provide evidence that your PERM is still active.

[jairichi]

http://www.murthy.com/2011/04/08/filing-labor-certifications-during-sixth-year-of-h1b/

[apurvap]

Thanks Jai. Are you mentioning that employer B can make use of approved Perm from Employer A for H-1(1 year extension) using the below clauses from the link you shared?

 

“(a) the foreign national must be the beneficiary of an LC filing made 365 days prior” & “The permanent residency, or green card, is related to a future job offer concept, unlike the ability to obtain H1B extensions to live and work legally in the United States.” So approved perm from Employer A can be used by Employer B for 1 year extensions if perm from Employer A is not revoked?

[jairichi]

Thanks Jai. Are you mentioning that employer B can make use of approved Perm from Employer A for H-1(1 year extension) using the below clauses from the link you shared?

“(a) the foreign national must be the beneficiary of an LC filing made 365 days prior” & “The permanent residency, or green card, is related to a future job offer concept, unlike the ability to obtain H1B extensions to live and work legally in the United States.” So approved perm from Employer A can be used by Employer B for 1 year extensions if perm from Employer A is not revoked?

Yes, that is correct.

[apurvap]

Thanks Jai!