Change employer question

[stuckinvisa]

I guess I am in a weird situation and need some guidance to move forward in my career path,

Here is the details:

- I am right now in L1B visa and H1B cos filed this will be in effect from 10/1. I am maxing out on H1B on 01/27/2017
- My PERM is approved on April and my employer will file the I-140 any time soon

So the question is -

1. Can I change my employer once the I-140 is approved with current employer ?
2. Will the new employer be file H1B extension based on my previously approved I-140 before I max out on 01/27/2017 or PERM has to be approved once again in order to do that?

Please advise.

[raghvi]

I guess I am in a weird situation and need some guidance to move forward in my career path,

Here is the details:

- I am right now in L1B visa and H1B cos filed this will be in effect from 10/1. I am maxing out on H1B on 01/27/2017
- My PERM is approved on April and my employer will file the I-140 any time soon

So the question is -

1. Can I change my employer once the I-140 is approved with current employer ?
2. Will the new employer be file H1B extension based on my previously approved I-140 before I max out on 01/27/2017 or PERM has to be approved once again in order to do that?

Please advise.

When you say you are maxing out on 01/27/2017, do you mean you would complete 6 Years physical presence in H1 + L1 status on that date?

You have to work with H1 employer from 10/1 onwards otherwise you go out of status.
As for stay beyond 01/27/2017, first question is would L1 employer holding your PERM and I140 , withdraw their I140 once you resign and join H1 employer from 10/1/2015? If yes, then by 01/27/2017 in order for you to extend H1, the H1 employer should have filed your PERM latest by 01/27/2016 OR your I140 with H1 employer needs to be approved by that date both of which should be doable considering the time.

This is my opinion not legal advice.

[stuckinvisa]

When you say you are maxing out on 01/27/2017, do you mean you would complete 6 Years physical presence in H1 + L1 status on that date?

You have to work with H1 employer from 10/1 onwards otherwise you go out of status.
As for stay beyond 01/27/2017, first question is would L1 employer holding your PERM and I140 , withdraw their I140 once you resign and join H1 employer from 10/1/2015? If yes, then by 01/27/2017 in order for you to extend H1, the H1 employer should have filed your PERM latest by 01/27/2016 OR your I140 with H1 employer needs to be approved by that date both of which should be doable considering the time.

This is my opinion not legal advice.

Thanks a lot for your reply.

Yes Raghvi, I will be completing my 6 years stay with L1 + H1 on 01/27/2016 and my L1 employer (same employer holding my H1B COS) is holding my PERM as well (my I140 not started yet).

So my plan is to start for a new employer around mid of October when H1B transfer is complete. Do you see this as a viable option?