Immigration Voice

WaitingUnlimited · #1 (**permalink**) 10-09-2009, 06:27 PM

Sorry.. Subject should have been "Filing PERM During 6th year of H1"

Hi,

I have approved I140 from company A and leaving it in few days. I will enter into 6th year in March next year.
Company B filed H1 transfer based on I140 from company A and H1 transfer is approved for three years.
Company B is little hesitant to file GC immediately due to economy but promising to file before I enter 6th year, but I am not fully sure if they do.

Can GC process be started when I am in 6th year under above circumstances? (H1 extension is NOT needed for 3 more years).

If Labor from company B gets denied during or after 6th year, can company B apply another PERM labor and pursue my GC processing?

Thanks
WA

roseball · #2 (**permalink**) 10-10-2009, 01:10 AM

Quote:

Originally Posted by WaitingUnlimited

Sorry.. Subject should have been "Filing PERM During 6th year of H1"

Hi,

I have approved I140 from company A and leaving it in few days. I will enter into 6th year in March next year.
Company B filed H1 transfer based on I140 from company A and H1 transfer is approved for three years.
Company B is little hesitant to file GC immediately due to economy but promising to file before I enter 6th year, but I am not fully sure if they do.

Can GC process be started when I am in 6th year under above circumstances? (H1 extension is NOT needed for 3 more years).

If Labor from company B gets denied during or after 6th year, can company B apply another PERM labor and pursue my GC processing?

Thanks
WA

Yes, you can start your GC process anytime. You have a safety net of an approved I-140 to get you H1 extensions. Yes, as long as there is a job which you are eligible for and the company is willing to sponsor you, there wont be any issues in applying.

WaitingUnlimited · #3 (**permalink**) 10-12-2009, 03:34 PM

Anymore thoughts?

Thanks
WA

martinvisalaw · #4 (**permalink**) 10-12-2009, 04:56 PM

Co. B can file the PERM at any time, but ideally one year before the current H-1B expires, even if that is 8+ years into your H-1B status. Provided that you have a PERM on file 365 days before the end of your H-1B status, the company can extend again based on that PERM #2. The filing does not have to be before the end of your 6th year.

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