PERM approved...need to change job urgently (company short term survival very uncertain)

[cooldude80]

my primary/ only goal is to switch jobs ASAP since I see a layoff coming very soon...need advise from you Gurus if I can move to a new employer...here goes my situation...(please do not provide I140 as a solution since employer has filed for H1B extension yesterday in premium processing)

 

1. H1 expiry date is Aug 21, 2016

 

2. PERM was applied on Dec 10 2015 and got approved on May 10 2016

 

3. On May 12 2016 (yesterday) employer filed for H1B extension (premium processing) based on the following:

 

a) recapture of time spent outside the US (in my case its 1 year)

b) 1 year extension based on PERM approval (really not sure how they are doing it...but attorney kept repeating its possible to get this 1 year even though PERM is approved in less than 12 months...maybe since I have 1 year recapture time...so technically PERM was filed one year before H1B expiry?..I am confused about how they are applying for 1 year extension with PERM approved in 5 months!)

 

so total of 2 years in extension application requesting H1B extension till Aug 21, 2018

 

4. employer is not filing I140 and mentioning will file it later since they have applied for H1B extension on May 12 2016 (yesterday)...but my belief the employer will not survive beyond 3-4 months...hence this post!

 

5. I am worried about job loss (many reasons...company not doing well etc. i know they filed H1b extension in premium but its in no way indicative of company survival..long story so please not discussing here)

 

6. my bottomline question is: Can I change employer immediately after getting my H1B extension?

 

or, can I not change since my H1 extension is tied to my current employer and the extension loses validity if I leave my employer?

 

I am confused...it will be 1 I797 consisting of recapture and 1 year extension based on PERM approval so how to segregate the two if I am switching jobs...how much time more will I have to stay in the US?

 

please let me know if I can change my employer after receiving the extension...

 

Thanks!

 

[immigrationmad]

Hi Cooldude80, I am also in similar kind of situation you mentioned.

Did you received extension for 1 year or 2 years?Did you changed employer? If yes on transfer did you received same duration as H1 extension?