showman Posted March 30, 2016 Report Share Posted March 30, 2016 Hi, My current H1-B 6 year term ends in May 2017. I am working for Company A which will not be able to file my PERM until August 2016. Company B is ready to file my PERM by April 2016 so that I can be eligible to extend my H1-B since I will meet the 365 days rule. I don't plan to move to Company B atleast until my PERM has been approved. My question if my H1-B extension is to be filed while my PERM is pending and I am still with Company A then who would file my extension? Would it be Company B (who filed my PERM) or Company A (my current employer)? Can I get my extension filed through Company A in such a scenario or do I have to move over to Company B? Ideally what would be the best time to move over to Company B? Is it better to wait to wait until the I-140 is approved or is it safe to move after the PERM has been approved? Thanks in advance. Link to comment
JoeF Posted March 30, 2016 Report Share Posted March 30, 2016 An H1 petition is ALWAYS filed by the employer who wants to employ you on H1. Link to comment
showman Posted March 31, 2016 Author Report Share Posted March 31, 2016 Hi Joe, Company A would still want me to be on their H1at that time. Does that mean legally Company A can also file for my extension since I will still be on their H1 at that time even though the PERM was filed by Company B? Link to comment
JoeF Posted March 31, 2016 Report Share Posted March 31, 2016 Only the company that wants you on H1 can file an H1 petition. Link to comment
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