aby167
New Member
Hi Rajiv sir -
Situation:
I was laid off from my job last week.
My original 6-year H-1B max-out was October 2026. I received a 1-year H-1B extension (7th year) last month based on my PERM being pending for more than 365 days, and my current I-797 validity runs through November 2027.
My PERM remains pending. My employer was generous to offer an extended separation date till August 6, 2026.
Questions:
Situation:
I was laid off from my job last week.
My original 6-year H-1B max-out was October 2026. I received a 1-year H-1B extension (7th year) last month based on my PERM being pending for more than 365 days, and my current I-797 validity runs through November 2027.
My PERM remains pending. My employer was generous to offer an extended separation date till August 6, 2026.
Questions:
- If new employer files an H-1B transfer, would the new approval typically be granted through November 2027 (based on my current 7th-year approval) or only through October 2026 (original 6-year max-out)? Is my H-1B approval technically valid through November 2027 even though I am no longer actively employed by my empliyer, given that I received the 1-year H-1B extension?
- My Employer is willing to file my I-140 petition, if I receive the PERM before my separation date of Aug 6. If I accept a new job (for example, in March) and transfer my H-1B to a new employer, but my PERM is approved in June (before August 6), can my past employer still file the I-140? Would starting work for another employer before the I-140 is filed increase the risk of an RFE or otherwise impact I-140 approval?
- Given the timing sensitivities and my current 7th-year H-1B approval, what would you recommend as the best course of action to protect my long-term immigration position