My I 140 ( EBB ) has been approved and I got 1 year HOB extenuation sept 2013 . I want OT change job if I get a direct position for some other company . My question is , If I get a job offer can my new employer apply for HOB extension beyond sept 2013 based on my current I140 . Does my current company have to apply for PERM and I140 right away or they can wait for some time before they can begin the CG process again .
There is no EBB category, no HOB visa and no CG process in US immigration law. If you are talking about an H-1B visa, a new employer would need to start a green card process at least 18 months before your H-1B status expires in order for you to be able to extend that status, if you are reaching or have reached the 6 year maximum.
Your employer needs to retain an experienced immigration lawyer to review all the facts, advise them, and handle the case. Your employer can find one through http://www.ailalawyer.com.
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