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shackled
09-09-2013, 06:37 PM
I am currently on an H1B visa with Company A (past the six year max and currently with a PD of March 2011. My H1B expires in Sep 2014 and will likely be renewed for another three years while I wait for my PD date.
Company B is entertaining the idea of applying for an H1B for me. Given that I am so close to the end of my current H1B, they will likely have to file a new PERM along with a new H1B.

Questions -

a) If they file for the PERM in October, is there a premium processing option where they would know immediately if it gets declined? There could be a risk where I get my H1B but my PERM is denied, so the safer play would be to wait until I get my H1B renewal in 2014 and then look for jobs.

b) If they've already gone through the job search process and selected me, is there still a chance of not getting PERM approval

c) How long does the PERM process usually take?

katta
09-09-2013, 07:09 PM
Take time to fill your profile before you expect others to spend time to answer your questions.

a & c) No premium process for PERM. it is taking 190days and with audit 12 months. DOL has chance to make money and create job but they don't think that way because they are DOL. :)
with approved I140 from company A, company B can file for 3yeras ie beyond six years.
b) yes it can get denied. PERM has nothing to do with hiring you but it has to do with recruitment process and why other guy was not hired.

If you are working FTE for US company you have least to worry about the above things

shackled
09-09-2013, 07:25 PM
Thank you. I've updated my profile, may take time to show. As a follow-up to this, if the PERM application has yet to be looked at by the DOL by the time my H1-B expires, does this mean I am out-of-status and have to leave the country?

katta
09-09-2013, 07:45 PM
Thanks for updating the profile.

If I understand correctly.

Company A: you work here and have approved I140
Company B: willing to transfer you h1b and file PERM. Greener pasture. :)

Currently you are in 7th year.On Sept 2014 you will complete 8years. Am I correct?
You are worried that when you leave company A they will revoke I140 and you can extend further beyond 8th year? Am I correct?

I'm assuming your I140 is filed by company A ie your current employer. As long as I140 is approved and not revoked you can get extensions from B while transferring.
When company B files for h1b they will file for 3yrs based on approved I140. You need an approved copy of approved I140 from your employer so B can file your h1b transfer with extension. Once h1b extension is approved it will not be revoked because underlying I140 is revoked.

shackled
09-09-2013, 08:15 PM
Thank you for your quick reply.
You are correct - I continue to work at Company A, been here for eight years now. My 3rd H1B expires in Sep 2014 (completing 9 years then). Company B is willing to file a new H1B and file a PERM for me, it is greener pastures, I'm just tired of working for Company A.

My I-140 (filed by Company A) was approved in July 2011. So they could potentially revoke it if I decide to go to another company, although I'm not sure what the incentive is for Company A ( well known global company).

I didn't realize that when Company B files for an H1B, it will be for three years (i.e. if the date of filing is October 2013, then the H1B expires in October 2016). This would mean that the Company would not need to file my LABOR certification immediately? The Company currently believes that in order to keep me, it will have to file for my LABOR certification immediately. That's why I initially asked if the DOL is still looking at my LABOR certification application by the time my visa expires, will I be considered out-of-status.

Do these jobs have to be extremely similar, or can they be somewhat different? I just received an approved I-140 copy from my employer's lawyers (seems to be on a I-797 form)

katta
09-09-2013, 09:09 PM
I got three years extension when I changed company. It is not successive three years but a moving window of three years. I'm sure you will get 3yr extension but ask attorney when you decide to go for company B. Ask them to file for three years. Yes they need not file PERM immediately but it is good for you if they think they have to file immediately and start the process. HR and attorney has to do job posting paper work so it might take a month (they can faster)after that 30days is mandatory for job posting and 30days silence period then file PERM application.
Before you join negotiate to start the process on first day and ask them to send you an email confirming that. This way they can't back track saying you have to be working for six months etc blah blala...

yes I140 approval is on I797.
Don't quote me on this but I think it needs to be 60% similar to claim past experience under Eb2. BTW you need past experience letters ie from current employer when you file GC with company B. Generally US employers give you experience letters stating what you have worked on. Consultants are know to be uncooperative you on this.

katta
09-13-2013, 03:31 PM
Thank you for your quick reply.
You are correct - I continue to work at Company A, been here for eight years now. My 3rd H1B expires in Sep 2014 (completing 9 years then). Company B is willing to file a new H1B and file a PERM for me, it is greener pastures, I'm just tired of working for Company A.

My I-140 (filed by Company A) was approved in July 2011. So they could potentially revoke it if I decide to go to another company, although I'm not sure what the incentive is for Company A ( well known global company).

I didn't realize that when Company B files for an H1B, it will be for three years (i.e. if the date of filing is October 2013, then the H1B expires in October 2016). This would mean that the Company would not need to file my LABOR certification immediately? The Company currently believes that in order to keep me, it will have to file for my LABOR certification immediately. That's why I initially asked if the DOL is still looking at my LABOR certification application by the time my visa expires, will I be considered out-of-status.

Do these jobs have to be extremely similar, or can they be somewhat different? I just received an approved I-140 copy from my employer's lawyers (seems to be on a I-797 form)


Just wondering what decision you took?
I don't see you PD in your profile.

shackled
09-13-2013, 10:01 PM
For some reason, the PD option only shows dates through 2010, so I'm unable to even choose March 2011.

To your question, there have been some new developments today. Company B officially made an offer, asking for verbal acceptance. They will then go into a 6-8 week process to get my H1B approved. I am seriously considering telling Company A that I will likely leave in 6 weeks so as not to burn bridges. The risk here is twofold -
a) Company A revokes my I-140, jeopardizing the new H1B process with Company B, thus putting me in a risky situation. Although this is unlikely given Company A really needs me, and is a big global Firm, but you never know
b) For some reason, the H1B application filed by Company B hits a snag, and is denied. The recruiter is trying to convince me that this is unlikely, but I'm trying to understand the odds of this application somehow getting rejected, if done by competent lawyers for a public company.

Any thoughts on b)

katta
09-13-2013, 10:54 PM
here is my advice.

Don't tell your current employer that your are leaving until you get your h1b approval from company B. Technically you can start working at company B the day USCIS receives the application but the risk is if h1b gets rejected. To be on safe side wait till your h1b is approved with company B. 6-8 weeks is a long time to transfer h1b, generally it takes 1week to prepare paperwork (manager+HR+attorney) +1week to get LCA and two weeks for approval under premium process.
Also get in writing from company B that they will file your GC from day one in EB2. To me 6-8 weeks indicate that the company B is slow like an elephant. It is a bad indication that h1b got rejected. ask them for uscis tracking number so you can check in fact it was denied. talk to attorney and try to understand why it got reject. If you join this company you want to work with competent attorney and HR otherwise your life will be miserable from immigration point of view. All the best in your endeavors