Help!! - H1 7th Year and switching Comp - PERM

ray6855

Registered Users (C)
Hi

Experts/Gurus Please advise

I recently got 7th year extension from my current employer till 05/07 and labor is still pending in PBEC. Can I switch or is it legally possible to switch company in 7th year?

Does the PERM in new company safe?

Thx much
 
Yes you can switch company

Dear Ray6855,

You can switch company and can transfer rest of 7 the year visa time to new company but only condition that your attorney can prove that your labor is in pending with old company for more than 365 days. I am in same position as what you are in now. I have changed the company when i was in my 7 th year of time. Right now I got my my Receipt number for visa transfer with new company and I am in process of filling Labor (PERM method). I had consult about my situation with senior attorney at Murthy law firm and she said " you will be ok to transfer you 7 th year extension but as soon as you come on board on new comapany its advisable to get your labor processing start and later if your labor is approve you can file I-140 and can ask for 3 year extension instead of looking for each year extension after 7 th year visa get expired ".(Mind you I paid $200.00 to get this advise from attorney).

Good luck for you for 7 th year visa transfer :) . I hope above information is helpful for you.

Thanks
DMak
 
Hi DMak

Thx much for the info, I have a screen shot of my pending labor at PBEC when 7th year was filled so hopefully that must be helpful.

Also what I heared is that this PERM process at the most under worse scenario won't take more than 6 months (seeing some posting, unless it is horribly skewed).

Since my 7th year is almost until May 2007, I might have that buffer to catch up on P{ERM ( assuming it gets approved).

Thx a lot for sharing that costly advise, my best wishes are sure in line with your hopes and aspirations.

Regards.
 
PLease also remember, that after you get your PERM approved, that alone will not help you extend your H1. YOu will need to file for I140 immediately and once that gets approved, you will be able to extend your H1 by 3 years.
 
Hello Creative10

Wouldn't I qualify for 1 year extension if decision for 1-140 doesn't come within next one year after perm aproval.

Thx
 
ray6855 said:
Hello Creative10

Wouldn't I qualify for 1 year extension if decision for 1-140 doesn't come within next one year after perm aproval.

Thx


1. Pending I-140 , if not more than 365 days do not make u eligible for extention. Approved I-140 makes your H1B eligible for 3 years extention.

2. If your previous company do not withdraw LC, then u may get extention based on that pending LC.

I am not legal expert but as this is waht as far as I know...

Saurav
 
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