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  #1 (permalink)  
Old 06-19-2009, 12:18 AM
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Default H1B transfer while on 7th year and PERM pending

Hi Gurus, your help is appreciated.

Once we get 7th year extension on pending PERM, can we transfer the H1B to another company weather PERM is approved or pending?

Thanks in advance.
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  #2 (permalink)  
Old 06-19-2009, 12:52 PM
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Default Help please

Gurus, Please help.
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Old 06-19-2009, 01:08 PM
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Originally Posted by moonrah View Post
Hi Gurus, your help is appreciated.

Once we get 7th year extension on pending PERM, can we transfer the H1B to another company weather PERM is approved or pending?

Thanks in advance.
Yes, if labor is pending > 365 calendar days. H-1B can be extended for any employer. However, if labor is withdrawn/denied before H-1B is approved, it can be risky.



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  #4 (permalink)  
Old 06-19-2009, 02:18 PM
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Originally Posted by moonrah View Post
Hi Gurus, your help is appreciated.

Once we get 7th year extension on pending PERM, can we transfer the H1B to another company weather PERM is approved or pending?

Thanks in advance.
I think H1 can be transferred. For green card, you may need to file labor again with the new employer.

Surya
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Old 06-20-2009, 02:03 AM
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Default Thank you

Hi All,

Thanks for your reply.
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  #6 (permalink)  
Old 06-20-2009, 05:12 PM
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Default H-1B portability

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Originally Posted by moonrah View Post
Hi Gurus, your help is appreciated.

Once we get 7th year extension on pending PERM, can we transfer the H1B to another company weather PERM is approved or pending?

Thanks in advance.
You can "port" to a new employer. However, unless the new employer files a labor cert for you 365 days before the 7th year ends, you probably cannot get an 8th year. The first employer will probably withdraw the pending PERM once you leave them, so you will need another one to qualify you for an 8th year extension.
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Old 06-22-2009, 01:02 PM
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I have similiar question. If one is already in 7th year and waiting for perm and wants to change job. Then is it practically impossible to get 8th year extension? Because even if Perm is filed immediately it will be less than 365 before expiration of 7th year.
Kindly help is appreciated.
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Old 06-22-2009, 01:52 PM
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Law Office of Elaine Martin
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Originally Posted by coolguy972 View Post
I have similiar question. If one is already in 7th year and waiting for perm and wants to change job. Then is it practically impossible to get 8th year extension? Because even if Perm is filed immediately it will be less than 365 before expiration of 7th year.
Kindly help is appreciated.
Yes, it will be very difficult unless the employer starts PERM before you even work for the company.
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  #9 (permalink)  
Old 06-22-2009, 02:02 PM
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Thank you for the response.

I think this is one major aspect which will affect many GC pursuants. Thats really a miserable rule atleast thats what I feel.

Attorney please let us know if anything that can be done if one is entering 6th year to be on safe side going forward if one is still stuck in perm process.
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