H1-B 6th year, want to change employer, please help

[rajeshpatl]

Hi

my H1-B visa will be expiring on March-2011, I have following question.


(1)I entered in USA on March 2006 and never left the country, there was an initial gap before I entered in USA. Can I claim that remaining period to extend my stay after March 2011?

(2)Company A (current employer) processed my labor 2 month back so I am not very sure whether I will get approval for PERM labor and will get chance to file I-140 before march 2011. could you please let me know how long normally I takes for these process.

(3)I would like to change employer, will It be possible to get extension if PERM and I-140 get approved while I am working with company B.

please give your advice / suggestions.

[sideeque]

1) You should be able to stay till March 2012. I think its based the date you entered in US.

2) LC Perm application takes more time. I doubt about getting it by March 2012 even if you applied in EB2 or EB3. You have still chance if you got H1 extended to till March 2012.

3)If you change employer, you need to apply PERM again. You cant use the old employer PERM. As PERm approval is in case of doubt that you will get with present employer, its very less chance with new employer.

[leenakamat]

Hello,


(1)I entered in USA on March 2006 and never left the country, there was an initial gap before I entered in USA. Can I claim that remaining period to extend my stay after March 2011?

I think you mean that you initially entered the US on H-1B status in March 2006, and your I-94 expires in March 2011. Assuming this is the case, you will be able to extend your H-1B stay for one further year, through March 2012, to make a total of 6 years.

(2)Company A (current employer) processed my labor 2 month back so I am not very sure whether I will get approval for PERM labor and will get chance to file I-140 before march 2011. could you please let me know how long normally I takes for these process.

Since the PERM has been filed more than 365 days prior to your 6-year mark, and it is likely to be pending for more than one year based on processing times, you will be able to extend the H-1B beyond six years, in one-year increments, pursuant to AC21. Depending on whether your case is audited, it could be two years or more.

(3)I would like to change employer, will It be possible to get extension if PERM and I-140 get approved while I am working with company B.

The green card process is a promise for future employment; therefore, if you and Company A mutually intend that you will work there after your green card is approved, then you may switch companies for H-1B purposes in the meantime. However, if you want another company to take over the sponsorship, they will need to begin the process all over starting from the PERM.

Best,
Leena

[rajeshpatl]

Thank you very much sideeque and leenakamat for your reply.

I think my (3) question is not cleared.

(3) I would like to know whether it is possible to get extension on my H-1 b visa beyond 6 year based on the pending/approved labor or I-140 if I am working in company B (new employer) when company A(current emp) has filled labor and I-140.


please respond.

[leenakamat]

Yes, you can get a 3-year H-1B extension through Company B even if your I-140 approval is through Company A.