I am on my sixth year H1B, which will expire 02/10/14, I have not started with any steps towards green card yet. This H1B is filed for my current job position – Associate Financial Analyst. And recently, the company offers me a promotion - Financial Analyst which will start a month later. So my questions are first, is a new H1b needed to be filed for the new position? Then will it still be enough time to start perm procedure, and to file I-140? If not, what options do I have?
Both applications can be run concurrently without issue. You do not need an approved H-1B petition for the intended permanent position in order for th PERM to be filed. Talk to you immigration attorney to discuss possible timelines and intended stategies. You will feel better than talking to attorneys that have no control over your case.
This information is provided as a courtesy based upon the limited information provided in your post and does not constitute an attorney-client relationship.
is a new H1b needed to be filed for the new position?
Cannot be determined on the facts posted.
Then will it still be enough time to start perm procedure, and to file I-140?
PERM must be filed at least one year prior to reaching the sixth year on H-1B in order to guarantee that one can extend status.
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.
J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.
You would need an amendment when you receive the promotion. Start your perm asap and discuss the road map with your attorney.
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