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View Full Version : Can current employer use earlier employer's PERM, to request a 7th year extension


nda050325
07-16-2009, 02:36 PM
I was working with Company A last year and they filed for my PERM labor on 12/24/08, which is still pending.

I am currently working with Company B which has filed for my PERM labor on 01/13/09, which is still pending.

My h1 (All six years) expires on 3rd January 2010.

Can my current employer make use of the PERM filed by my earlier employer, to request for a 7th year extension?

gcgonewild
07-16-2009, 03:10 PM
your I-140 is approved with your old company as well and has not be revoked.

Consult with your lawyer, you might need to provide a copy of your old labor and 140 approvals.

cableching
07-16-2009, 03:17 PM
I was working with Company A last year and they filed for my PERM labor on 12/24/08, which is still pending.

I am currently working with Company B which has filed for my PERM labor on 01/13/09, which is still pending.

My h1 (All six years) expires on 3rd January 2010.

Can my current employer make use of the PERM filed by my earlier employer, to request for a 7th year extension?

Yes! You can use the previous employer's PERM labor, as long as it's not denied! In your case it is still pending and should not be a problem. But, you have to have some sort of proof that ir was filed atleast one year before your six years of H1 time.

vrkgali
07-16-2009, 03:20 PM
not sure about perm pending ..

but when I changed employer when I was 8th year extension , the new employer's attorney used the I140 pending status of old employer to get one year extension.

My I140 from old employer is still pending and my attorney is sure that she can still get extension from that.

same thing may be applicable to PERM pending also.

nda050325
07-16-2009, 03:32 PM
Yes! You can use the previous employer's PERM labor, as long as it's not denied! In your case it is still pending and should not be a problem. But, you have to have some sort of proof that ir was filed atleast one year before your six years of H1 time.

Hi,
Thank you all for your quick replies.

Cableching,
I have the A # and the filed date. Do I need to request anything else from my earlier employer, as a proof of application?

Please let me know and thanks once again.

crazyghoda
07-16-2009, 03:36 PM
So you guys are saying that if I have an approved I-140 from a prior employer, I could potentially keep gettng 3 year extensions indefinitely?

And I dont even have to work in the same capacity as the original LC? Example - LC filed for a Business Analyst and I-140 approved. Now, assuming I have an employer willing to file an H1, I can keep working in whatever position I want (say IT Director) and its all kosher?

cableching
07-16-2009, 03:53 PM
Hi,
Thank you all for your quick replies.

Cableching,
I have the A # and the filed date. Do I need to request anything else from my earlier employer, as a proof of application?

Please let me know and thanks once again.

I am not sure what you need for filing? Ask your attorney about what he needs for filing an extension?

In pre-PERM days, we used to get a letter from DOL, that could be used for filing as it contained the data of filing.

You may need to get a screenshot of the PERM application from your previous employer or any letter they received from DOL when they filed the PERM labor??

nda050325
09-14-2009, 03:38 PM
Hi,
My extension has been approved, using the above process.
Just wanted to thank all of you once again.

wandmaker
09-14-2009, 04:00 PM
Hi,
My extension has been approved, using the above process.
Just wanted to thank all of you once again.

this will help others in same situation; very few come back post the status :D