Immigration Question

[immihelp]

I am not sure if you provide immigration services, but I need advice. My 7th year H-1B expires in 11/2011 working for company A. Company A is just a passthrough entity for company X. Company X wants to employ me permanently but will not sponsor a visa.

My previous employer, company B filed for PERM for me in 10/2007 that got approved in 1/2010 but I left company B in 12/2009 based in restructuring.

Company B agreed to sponsor I-140 and filed on July 28th but manually modified the form to indicate that I was a formal employee (that is the only way the executives will agree to continue the process) I used the pending I-140 to file for I-485 together with EAD and AP for my wife and son who are on H-4. We have all received the EAD and AP.

As things stand not I cannot extend the H-1B since there is not pending PERM for 365 days. Due to the changes on the I-140, I am skeptical of it being approved which will affect the 485 and ultimately the EAD.

Company A would now like to file for a new PERM through the agreement A has with X. I would like wait till 180 days to port the 485 to company X to secure a permanent using the EAD and in case the company B's pending I-140 is denied I can continue to work for two years while waiting for Company A's PERM process ti go through.

Please advice on my bet cause of action. Please let me know if I need ton pay a fee before you can answer the question.

Thanks

[immihelp]

You don't have enough time to do new PERM all over again.

If you have I-485 is pending for 180 days or more and if your I-140 is approved, you can use the provision of AC-21 with the current employer.