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Hello,
Will be glad for any information and assistance you can provide me. Here is my situation.
My current H1 (after all recaptured time etc.,) is on the 6th or 7th year - am not really sure, but think it must be the 7th and is valid until Feb 2013.
I am with employer A and My labor PERM was filed in Jan 2012, still awaiting the decision and hope to hear in the next month or so (as it's already been 2 months). Please let me know my options as below as I'd like to move to employer B (who was actually my previous employer).
1. Can I do so now? Before PERM is approved? I think the answer is no given I only have less than 9 months left on the H1
2. Can I do so after PERM approval comes in? If that is the case, what is the process? I need the PERM approval copy and immediately Employer B needs to file for the H1 transfer so that I get an additional year?
3. If I can do that, can my new employer also immediately file for new Labor PERM - I don't think I'll have the 365 days before expiry of the 7th years of my visa as it will take them at least 2-3 months to make the filing, assuming they begin in April/ May. Is that ok not to have the labor filing done before 365 days?
4. On top of all these complications, the added thing is I'm going to India in May to get married!!
. So, is there anything I must consider for my spouse's status?
5. Also, if I'm going to India in May, and the new employer has already filed the H1 transfer based on approved PERM, do I have to get the stamping done or can I come back on the current H1 (as I will still be employed by Employer A at that time) at that time and then move to company B after coming back in May? So, is it ok to have 2 active H1s though I would not have started working for company B using the new H1.
The other thing to do is to somehow stick onto employer A until they file 140 and it gets approved but that will take another 6 months at least.. I'd rather make the move before that.
I know it's a lot of questions, but please let me know what you folks think.
Thanks.
Will be glad for any information and assistance you can provide me. Here is my situation.
My current H1 (after all recaptured time etc.,) is on the 6th or 7th year - am not really sure, but think it must be the 7th and is valid until Feb 2013.
I am with employer A and My labor PERM was filed in Jan 2012, still awaiting the decision and hope to hear in the next month or so (as it's already been 2 months). Please let me know my options as below as I'd like to move to employer B (who was actually my previous employer).
1. Can I do so now? Before PERM is approved? I think the answer is no given I only have less than 9 months left on the H1
2. Can I do so after PERM approval comes in? If that is the case, what is the process? I need the PERM approval copy and immediately Employer B needs to file for the H1 transfer so that I get an additional year?
3. If I can do that, can my new employer also immediately file for new Labor PERM - I don't think I'll have the 365 days before expiry of the 7th years of my visa as it will take them at least 2-3 months to make the filing, assuming they begin in April/ May. Is that ok not to have the labor filing done before 365 days?
4. On top of all these complications, the added thing is I'm going to India in May to get married!!
. So, is there anything I must consider for my spouse's status?5. Also, if I'm going to India in May, and the new employer has already filed the H1 transfer based on approved PERM, do I have to get the stamping done or can I come back on the current H1 (as I will still be employed by Employer A at that time) at that time and then move to company B after coming back in May? So, is it ok to have 2 active H1s though I would not have started working for company B using the new H1.
The other thing to do is to somehow stick onto employer A until they file 140 and it gets approved but that will take another 6 months at least.. I'd rather make the move before that.
I know it's a lot of questions, but please let me know what you folks think.
Thanks.
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