PERM Approval and I140 Process

[saswaj]

Hi

 

I am working for company called A on H1-B status (Valid Till 10/2017) and my Green Card - PERM\Labor applied through company B and it is currently approved.

 

In order to proceed with I-140, Is it mandate to have my H1-B transferred to Company B and have couple of paychecks and then apply for I-140?

 

What will be correct plan of action based on the above status?

 

Appreciate your needful inputs. Thanking you in advance.

 

[rahul412]

GC is for future employment that means you will be working for that employer in FUTURE. So it doesn't matter whether you are working for that employer currently or not.

[saswaj]

Thanks rahul for the reply.

 

I came here in July, 2011 on L1-B, and converted to H1-B under employer A. Please advise on below asks.

 

1. I should be eligible to stay in US for 6 years or 7 years? If 6 years, July 2017 will be my last month of stay in USA if I dont proceed with I-140 process on my labor approval?

 

2. If I am proceeding with approved I-140 with Company B, how many years will be added to my stay of duration in USA?

3. If I have approved I-140 with company B, and I got a chance or very good offer with Comapny C and I will have to join that company by Dec, 2015. What about my approved labor & I-140 petition? Does this effect my stay in USA?

Kindly advise. Thanking you in advance for providing the needful information.

 

Regards,

Dileep

[rahul412]

By the end of your 6 yrs of working status you should have approved I140 for H1 approval. You cant get your H1 ext till you get your GC based on I140 approval.

[saswaj]

Thanks Rahul. I was little confused with your statement to co-relate to my 3rd ask.

 

So, you mean to say

 

If I have approved labor & I-140 with company B, but if I get very good offer with Company C, I can port the previous labor priority date ported to the new GC labor which will be done by new Company C and I140 needs to be approved before completion of my 6 year limit else I will have to vacate USA?

 

Please correct me if my understanding is not as per your statement.

[rahul412]

If I have approved labor & I-140 with company B, but if I get very good offer with Company C, I can port the previous labor priority date ported to the new GC labor which will be done by new Company C and I140 needs to be approved before completion of my 6 year limit else I will have to vacate USA?

You can port your PD, but for H1 ext beyond 6 yrs you should have a valid I140 at the time of filing your H1.

[saswaj]

Thanks rahul, so based on your update it doesn't matter whether approved I140 with company B or Company C, all I need to have a approved I140 by that time? correct?

[rahul412]

Thanks rahul, so based on your update it doesn't matter whether approved I140 with company B or Company C, all I need to have a approved I140 by that time? correct?

Yes. bcos I140 is for future employment so it doesn't matter if its not from your current employer.