Can I file PERM thru new employer ?

[Slysf]

Hello

My LC PD is oct 2002 - I 'm in my 8th year of H1B and my company
has been renewing my H1B on yearly basis since 2 year.

I have 7 month left on the H1B and I have a job opportunity somewhere else.

Can you change company and transfer H1B after 6th year extension ?
If yes, Can a lawer apply for PERM process for this new company based on H1B remaining ?
If yes, After H1 B expires ..can they applied for H1B extension until PERM comes thru?

Thanks Great Guru or other enlighters

 

[gc_2006]

I have 7 month left on the H1B and I have a job opportunity somewhere else.
Can you change company and transfer H1B after 6th year extension ?

YES

If yes, Can a lawer apply for PERM process for this new company based on H1B remaining ?

YES

If yes, After H1 B expires ..can they applied for H1B extension until PERM comes thru?

YES - BUT only if the PERM PD is more than 365 days before the end of your H-1B - which will not be the case in your case since you only have 7 months left. I am assuming comp A withdraws LC once you quit. If they don't you are better off.
What you should do (to be safe) - file 9th year extension with your old company next month via premium processing. As soon as you have the extension, join company B and have them file PERM asap (will take at least 2-3 months of preparation) so that the PERM PD will be more than 365 days before the end of the 9th year.

 

[rayman6]

gc2006,

pls clarify on the extn part- if the labor thro perm is approved and u file for 140/485, then can u not apply for extension (hv just under 1 yr on h1) as 140/485 is pending? or i shld hope for atleast the 140 to be approved withing that period too inorder to apply for extn.

regds

 

[gc_2006]

there are only 2 items that would allow an extension:
1) LC pending more than 365 days before H-1B is up (6th, 7th or any year for that matter).
or 2) approved I-140 and visa numbers unavailable

If you have almost a year left and file I-140 and I-485 you will get EAD long before H-1B is up and donot need to extend - in fact you might get I-485 approved within that year too.

gc2006,

pls clarify on the extn part- if the labor thro perm is approved and u file for 140/485, then can u not apply for extension (hv just under 1 yr on h1) as 140/485 is pending? or i shld hope for atleast the 140 to be approved withing that period too inorder to apply for extn.

regds