Can I appy for new H1B,if current 6yr h1b already expired

mav_sg

New Member
I am in 6th (last) year of my H1b and I was working with a Company A which did the Labor Certification under PERM. but because of economic down turn company laid me off. But fortunately I was able to get another job but this job is just for 8 months and then it will be over. Can I apply fresh H1b after this expiration of the 6th year h1b.?

thanks
Mav_sg
 
You must apply for a fresh PERM labor utilizing the priority date of your previous approved PERM labor, ASAP. When your current h1 expires, you could do 7th year renewal.
 
You must apply for a fresh PERM labor utilizing the priority date of your previous approved PERM labor, ASAP. When your current h1 expires, you could do 7th year renewal.

What Howdy said about the "utilizing the priority date of your previous approved PERM labor" is not correct!

You can not keep your priority date after your leave your previous employer AND BEFORE your I-140 approval.

In this case, the person did not get the I-140 approval (or not even filed) and get layoff, you he can not keep his "priority date." Please also see http://www.greencardapply.com/general/prioritydate.htm
 
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