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  #1 (permalink)  
Old 11-19-2010, 12:43 PM
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Default H1b extension after 6 years pending decision, new employer interested

Hello,

My husband's been going through a tricky situation. He's working for a company that filed for his PERM and to renew his H1B after the 6th year.

However, the situation now is:

1) PERM process got audit

2) H1B extension is still pending decision from the immigration

3) Another company is interested in hiring my husband

So my questions now are:

1) Can my husband transfer his H1B visa to a new company even without the decision about his extension filed by his current company?

2) What are the chances that they approve his H1B transfer, considering his renewal beyond 6 years is still pending decision and the PERM got audited?

3) If everything is possible, how long after transferring to the new company can the current company keep his PERM process going?

4) What are the chances he get an extension for the 8th year if the new company apply for his PERM immediately after his HI1B visa transfer approved?

Thank you very much for your help!
Regards,
Mariza
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  #2 (permalink)  
Old 11-21-2010, 01:51 PM
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marizaf is on a distinguished road
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Hi everyone,

Any answers on that? Any ideas?

Thank you
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  #3 (permalink)  
Old 11-22-2010, 06:50 PM
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hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute hibworker has a reputation beyond repute
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If PERM is pending for over a year, then the new employer can apply for H1 extension for 1 year. This whole PERM process will have to re-started with the new employer.

Since this is a unique case, you should check with an attorney.
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