7th Year Ext Issue -PERM and I-140 from EX- company

[Curious2008]

My H1-B is expiring in November 2009.

My current company has agreed to file for my GC. However, the rate they are going at, I am very sure I will miss my November 2008 date for 365 day rule for 7th year extension. What happens if they delay and apply at later date?


FYI, my ex-company had applied for my PERM and I-140 (both approved). Can I use that to get 7th year extension for my H1-B with my current company.

Please help, I am distressed about my situation.

TIA.

[txh1b]

FYI, my ex-company had applied for my PERM and I-140 (both approved). Can I use that to get 7th year extension for my H1-B with my current company.

Please help, I am distressed about my situation.

TIA.

The stars are on your side. Yes, that can be used for your current H1b extension.

[Curious2008]

Wow!!! that's a great news. Some relief

Thanks for your response txh1B.

When my current company files for my 7th year extension, does my GC from current company needs to be in process?? I mean should they have applied for my PERM and so on?

And when my current company files for my GC can they use the Priority Date from my PERM that was filed by my ex-company ?

Thanks.

[txh1b]

No need for GC from current company for externsion. Yes, you can retain the old PD.

[Curious2008]

Thanks again. How many extensions can we get like that?

[txh1b]

Thanks again. How many extensions can we get like that?

only till your PD is not current after which you will be given 1 yr extension only and need to apply for a 485.

[Curious2008]

Alright, that would mean I need to have PERM and I-140 applied from current company because my PERM and I-140 from last company cannot be used for my current company, correct?

[DMX17]

Alright, that would mean I need to have PERM and I-140 applied from current company because my PERM and I-140 from last company cannot be used for my current company, correct?

Yes unless you file I-485 based on the old employer GC (of course with their cooperation) and 180 days have passed since filing the I-485. Refer to AC21.

If you intend to join the new employer with GC, you can apply for PERM and I-140 for the new employer. The new I-140 may request to retain the old PD as txh1b said.

[Curious2008]

Let's see if I got this right

Current Situation

• I am working with company A and they are willing to file for my GC
• My H1-B expires in November 2009
• I was working for company B year and a half ago. Company B filed for my PERM and I-140 and I received approval for both

Future Situation

1. Now even though I am working for Company A, I can get 7th year extension on my H1-B based on my PERM that was filed and approved by Company B
2. I can retain my PD from my PERM application from Company B when Company A files for my GC
3. I cannot use PERM and I-140 from Company B, Company A has to apply for new PERM and I-140 for me

Please let me know.
Thanks again.

[txh1b]

You got it all right.