Change Employer on 5th H1B with PERM Pending - Possibilities?

[purplesusy]

Hello everyone,

Below are my situations:

- Dec 2016 End of my 6 year H1B
- Jan 2016 I-797 expires
**** **
- Dec 2014 PERM submitted
- Jun 2015 PERM denied
- Jul 2015 PERM reconsideration submitted (pending)
- Aug 2015 H1B extension filed and approved with ending date of Feb 2018 (including the remaining of my 6 years + time recapture + 1 yr extension based on PERM pending).
- Feb 2018 new I-797 expires


Let's say that I want to change employer now and the new employer is willing to file PERM immediately after I join, is it advisable to do so?

If the new employer files H1B transfer, how many years will I get? Do I have sufficient time for another PERM and I-140 filing?

Thank you very much!

[shervin143]

New employer can file a transfer and request the remaining time on your H1B. If you get 2 years, then it is enough time to get the PERM and I-140 approved before filing the 7th year extension, but the employer will need to file the PERM soon. Advisable to join the employer only if you get a 2 year extension.

[purplesusy]

Thanks very much for your reply!

My current I-797 expires at Feb 2018 (including 1 yr extension due to PERM pending), which is more than 2 years from now. When new employer submit H1-B transfer, Can I still get I-797 till Feb 2018?

If so, this will give time to get the PERM and 140 approved.

Thanks again!

New employer can file a transfer and request the remaining time on your H1B. If you get 2 years, then it is enough time to get the PERM and I-140 approved before filing the 7th year extension, but the employer will need to file the PERM soon. Advisable to join the employer only if you get a 2 year extension.

[shervin143]

Unlikely. If you file the transfer, then the transfer will get approved only till the remaining period in your current H1B 6 year limit, unless it gets overlooked by the officer who handles the case and approved your petition as per the current H1B petition expiry date.

Thanks very much for your reply!

My current I-797 expires at Feb 2018 (including 1 yr extension due to PERM pending), which is more than 2 years from now. When new employer submit H1-B transfer, Can I still get I-797 till Feb 2018?

If so, this will give time to get the PERM and 140 approved.

Thanks again!

[purplesusy]

Thank you!

If new employer files transfer till the remaining period of my current 6 year limit, I will get only 17 months. Is it possible to get PERM approved in 17 months?

Unlikely. If you file the transfer, then the transfer will get approved only till the remaining period in your current H1B 6 year limit, unless it gets overlooked by the officer who handles the case and approved your petition as per the current H1B petition expiry date.

[shervin143]

Possible if the employer starts the process right away. As long as your PERM is filed 365 days before your end of the 6th year, you can file extensions.

Thank you!

If new employer files transfer till the remaining period of my current 6 year limit, I will get only 17 months. Is it possible to get PERM approved in 17 months?