Laid-off. On 6-year H1B to do H1B transfer; I-140 approved

[bearcatcoupon]

Hello, may I ask a favor from you all? It is a little bit complicated... thanks in advance for your time!

Situation: My wife is on her six year of H1B (expires in May 2012). She had PERM/I-140 approved from both previous and current employer but haven't submitted I-485 yet because her priority date (2/1/2008) was not current. Now she is in the situation to change job to another firm.

Question:

#1: Since she got I-140 approval from both previous and current employer and her PD is not current, during the new H1B transfer, will the new company be able to renew her H1B for another 3 years due to AC21 portability?

#2. Do you by any chance know what documents should be provided so as to get this 3 years extension during H1B transfer? Which I-140 approval copy should be sent to USCIS, from previous employer or current employer?

#3. Since her PD is 2/1/2008 and it might get current in 6 months (considering the progress of current visa bulletin), is it a problem when she is in a situation that her PD is current while she is still applying new PERM? If so, can she still keeps the old PD, and apply I-140/I-485 concurrently when her new PERM gets approved?

Again, thank you so much!

[manjamakkan]

your situation is not that bad..!

The following are my opinion

#1: Since she got I-140 approval from both previous and current employer and her PD is not current, during the new H1B transfer, will the new company be able to renew her H1B for another 3 years due to AC21 portability?

-YES it is possible; but the sooner you join the new company, the better to handle the situation. The company may renew the H1B either for 3 years in one shot or one year at a time until you get the

#2. Do you by any chance know what documents should be provided so as to get this 3 years extension during H1B transfer? Which I-140 approval copy should be sent to USCIS, from previous employer or current employer?

-The same routine documents for H1B plus copy of the I-140 (that has PD in 2008). It doesnt matter which employer filed; but the older the PD, the better the case. Remember, you need to wait atleast 1 year since the filing of green card petition to apply for H1B extension beyond 6 years. In your case, since your PD is 2008, you already spent more than 2 years and so, you are eligible with that I-140 document. So, send a copy of that.

#3. Since her PD is 2/1/2008 and it might get current in 6 months (considering the progress of current visa bulletin), is it a problem when she is in a situation that her PD is current while she is still applying new PERM? If so, can she still keeps the old PD, and apply I-140/I-485 concurrently when her new PERM gets approved?

I am not sure about this. But check this link <http://www.avlawoffice.com/perm.htm> about PERM