Transfer to Employer B with approved PERM during 6th Year

[DMS2020]

Hi,
Please read my situation and provide your comments.
I'm currently working with Employer A as a Full time employee but he is not doing any Green Card and my Max out/I94 date will be May 20 2020. But I have an Employer B who started my GC process during last July, PERM applied on November 2019. Hoping to get my PERM on or before April 20 2020.

• PERM Approved on Apr 20
• Got a job between ~ Apr 25th and Apr 30

1) If My Employer B initiate transfer with approved PERM then what will be the expected decision/approval date from USCIS?
2) Will I get 1 year extension with approved PERM?
3) Will get approval only till May 2020 (max out)?
4) If transfer is not possible then i'm ready to go back to home country, what if - the COVID panic still exist and no flights after May 20? Can I still stay in USA without payroll?

Thank you.

[rkk09]

Hi,
Please see my response below.
1) If My Employer B initiate transfer with approved PERM then what will be the expected decision/approval date from USCIS?
Answer: PERM approval will not help you to extend H1B beyond 6 years.
2) Will I get 1 year extension with approved PERM?
Answer: I am not sure, if you get. Because, One year approval will be granted for H1B beneficiaries, if PERM is pending for more than 365 days.
3) Will get approval only till May 2020 (max out)?
Answer: If you dont have I-140 Approval at the time of ext then you will need to consider max out time you will have in your H1B account.
4) If transfer is not possible then i'm ready to go back to home country, what if - the COVID panic still exist and no flights after May 20? Can I still stay in USA without payroll?
Answer: It is really complicated to stay in the USA if you dont have any status. You will need to leave the country as soon as you can or change your status before current I-94 expires.
Thanks