Question regarding timing of PERM and I-140.. please help

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prezcalvin

Registered Users (C)
Hello,

Can someone please please answer this question as I need to make an important decision soon... please.

My 6th year on the H1 will start in March '07. I have received a new job offer and am thinking of switching, provided they file my PERM application before March. My questions are:

1) When I switch, they will start the H1 transfer process I guess. And the recruitment stuff for PERM filing. Let's say PERM is ready to be filed by the end of Feb., but the transfer hasn't come through yet. Does that have any bearing on the PERM filing or can that go ahead independently?

2) Let's say I file PERM before the March deadline, and it comes back denied for some reason. After the company addresses the reason, they refile, but it's now past March. Does that mean I can't get the 1 year extension?

3) In case the above happens (PERM filed inside the 6th year), and say PERM gets cleared, and they file for I-140 and that gets cleared before the H1 expires. Am I eligible to file for the extension because the 140 is cleared even though the PERM itself wasn't filed before the start of the 6th year?


Someone please help. It's a great job offer, but without knowing the answers to these questions, I can't accept. I have asked all friends and family members who I thought might know, but no one has been able to answer so far.

Thank you very much in advance.
 
prezcalvin said:
Hello,

Can someone please please answer this question as I need to make an important decision soon... please.

My 6th year on the H1 will start in March '07. I have received a new job offer and am thinking of switching, provided they file my PERM application before March. My questions are:

1) When I switch, they will start the H1 transfer process I guess. And the recruitment stuff for PERM filing. Let's say PERM is ready to be filed by the end of Feb., but the transfer hasn't come through yet. Does that have any bearing on the PERM filing or can that go ahead independently?
- You may switch only if they have already applied for you H1 (you can transfer based on the receipt of the application. You don't need the final approval notice to start working with the new company)
Now, PERM is a separate process and you do not have to be an employee of a company for that company to sponsor your green card. It has no bearing on your H1. You cannot work for that company if they haven't applied for the H1 transfer. Once you receive the receipt for the application you can start working that very day.


2) Let's say I file PERM before the March deadline, and it comes back denied for some reason. After the company addresses the reason, they refile, but it's now past March. Does that mean I can't get the 1 year extension?
- In this case, if you have to file for the labor (assuming the first application is denied) after March '07, you would need to apply for the I-140 and hopefully get it approved by March '08. If you do not get the I-140 approval by the end of your 6th year, it is difficult to get extension (because the labor was filed in the 6th year). If the labor is filed before March '07 and you don't receive an approval by the end of March '08, I'm assuming you might still have issues. I'm not sure on this.

3) In case the above happens (PERM filed inside the 6th year), and say PERM gets cleared, and they file for I-140 and that gets cleared before the H1 expires. Am I eligible to file for the extension because the 140 is cleared even though the PERM itself wasn't filed before the start of the 6th year?
- Yes

And good luck




Someone please help. It's a great job offer, but without knowing the answers to these questions, I can't accept. I have asked all friends and family members who I thought might know, but no one has been able to answer so far.

Thank you very much in advance.
Click to expand...
 
After your PERM is approved, you should file for premium processing for your I-140. You will be able to have a decision in 15 days. Then, you can file an H1 extension for 3 years based on the approved I-140.
 
Thank you st4rguitar! Yes, I will definitely demand premium processing of I-140.

BTW, a follow up question, pretty simple, hopefully someone can help:

My wife noticed just yesterday that her H4 797 and visa stamp are not tied to any company like my H1 797 and visa stamp is. Does it mean if I switch jobs and get a new H1, there is nothing to do for H4? I had assumed that the new company will have to file for both H1 and H4 transfer, but am now wondering if the H4 has to be transferred at all?

Thank you in advance.
 
I wish I had a for-sure answer for you on that one! I'm 99% sure that this is correct though -- since her H4 is based on you having an H-1B, as soon as your H-1B is no longer valid, hers isn't valid either by default.
So, if you get a new H-1B, I'd definitely file for an H-4 for her as well. Better to be on the safe side, eh ?
Hope this helps!
 
I agree with st4rguitar. It is safe to get an H4 extension based on your latest H1B. There are 2 reasonsto do this - to keep your spouse's documentation in sync with yours and secondly to keep the expiry date of his/her extended approval to coincide with that of yours.

st4rguitar said:
I wish I had a for-sure answer for you on that one! I'm 99% sure that this is correct though -- since her H4 is based on you having an H-1B, as soon as your H-1B is no longer valid, hers isn't valid either by default.
So, if you get a new H-1B, I'd definitely file for an H-4 for her as well. Better to be on the safe side, eh ?
Hope this helps!
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