Who files my H1-B extension with PERM pending?


showman

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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.

 

 

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