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Who files my H1-B extension with PERM pending?

Discussion in 'PERM' started by h1b_masters, Mar 30, 2016.

  1. h1b_masters

    h1b_masters New Member


    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 is if my H1-B extension is to be filed while my PERM is pending and I am still with Company A then 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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