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Emplyement green card PERM pending for 365 days - Can I switch employer now?

Detroit, MI |

My employement green card PERM pending for more than 365 days now with my current employer, he filed my PERM at start of 6th year.
1. Can I switch/trasfer my H1 to new employer now?
2. How much time I get with new employer? 1 year?
3. If new employer agree to file fresh PERM, I am planning to get my PERM filed within 3 months and PERM will be approved
(assumption) in 7-8 months after filing and 140 can be done in premium, so that I can get 3 yrs from then onwards. Is this
right strategy?

Now I completed 6 years in H1B

Attorney Answers 4


Extensions of H-1B status for one year beyond the 6th year may be obtained if at least one year has elapsed since the PERM was filed or for three years if an I-140 has been approved. In order to rely on these provisions, the underlying job offer must remain valid. Consult with an immigration attorney for more specific advice and instruction.

Please note that this posting does not constitute legal advice or create any attorney-client relationship with the inquirer. Avvo is a useful forum to obtain general information on legal issues, but is not a substitute for direct, confidential consultation with an attorney in any legal matter.

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1. Yes. Hopefully it will be worth it for you and you won't regret your current employer.
2. Your new employer (or any other successor employer) will be able to obtain annual renewals of your H-1B status in one year increments, until such time as there will be an I-140 approved on your behalf. Once that happens your H-1B will renew for 3 years each time, for as long as your petition category remains backlogged.
3. Yes, assuming an I-140 is ultimately filed and approved.

Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.

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Not clear whether your perm under yoru current employer is pending over one year counting from your ending date of max of H-1B six year or not. If that perm is pending over one year, you are eligible to file your H-1B for another year, even with a different employer. If a new employer agrees to file another perm and if that perm is certified and I-140 is also approved, you can extend your H-1B for another three years assuming your priority date is not current at the time.

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3. yes.

My answers are for general information only, NOT A legal advice because these are not tailored to your specific situation. Contact an Immigration Attorney if you need legal advice.

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