PERM by two different employers

PRATEEK SINHA

New Member
Hi,
I am in a situation where I need your advice. I am on H1B visa right now and my H1B validity is expiring on October 5th 2015. In in the back drop one employer in NY has already filed for my PERM as prospective employer on August 24th which was approved on January 25th 2014. Normally my 6 years of H1B would have expired on August 25th 2014 but while filing for my current H1B we got an extension of 1 year and hence the reason my H1B is expiring on October 5th 2015. My PERM is expiring on August 24th 2014.
Now, my current employer who holds my H1B wants to promote me and file for my PERM. I have couple of questions regarding this process,
1. I understand that two different employers can file for PERM, please correct me if I am wrong?
2. When my current employer files for PERM, my priority date will be the last date when my previous PERM
was filed or the new date when my other PERM will be filed.
3. The 6 months validity of my previous PERM is going to expire in August, would you suggest me to go ahead
with the process of filing I140 with the other prospective employer who has filed for my PERM?
Looking for your guidance.
Thanks,
PS
 
1. Multiple PERM's from different employers can be filed on behalf of employee beneficiary.
2. If I-140 is filed and approved from 1st PERM and when 2nd PERM is filed followed by I-140 approval, you retain priority date from earliest filed PERM
3. Yes, I-140 needs to be filed within 180 days of approved PERM.
Since PERM was filed before start of your 6th year of H-1B, you got 1 year H-1B extension and If I-140 is approved your H-1B will be extended for 3 years.
 
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