H1b Transfer and EB2 PERM at the same time?

W

wallstreetguy

Registered Users (C)
Current Status: H1B – 7th year extension expires -01 MAY 2007

Labour : New Jersey – NON RIR with Priority date : DEC 2002. Currently in Philadelphia Backlog center. No 45 days notice received.

My Eduation and Experience: Bachelor of Engineering(BE) in Computer Science with 10 years of experience (including current)



Question: I am planning to change JOB. If any employer offers job,

· then CAN my H1B transfer and EB2 – PERM be applied Simultaneously

OR

· Can I transfer my H1B only after EB2 – PERM approval. Can employer get Labour approval for FUTURE employee?



· What is the best approach for my situation
 
You can do both simultaneously. PERM/Labor is for future emplyment and can be done anytime. YOu do not need to have a H1 with an employer that is processing your GC.
 
To my knowledge, you could extend H1-B for 7th year if your LC pending for one year. It means if you change employer, you must get new job and file new LC before May 2006.

Staying with current employer and waiting for first LC are best option.
 
Not necassarily...you can find a new job with a different company, ask them if they have any pending LC with a PD before your 6th year of H1B kicked in. That should not be a problem as there are 100s of thousands of LC pending in BEC. If they do, you can get an extension based on that and meanwhile apply for your own through PERM. So...Yes, you do have an option to change employer....
 
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