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Options after PERM audit in 5th year

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  • Options after PERM audit in 5th year

    I work for a sister company “A” of a well know multi billion public company. My PERM application was filled in Oct’2010. DOL asked for signed application in Dec’2010 1st week and business necessity proof in 3rd week of Dec’2010. As per current trend it takes 2 years for any audit PERM case to resolve.

    I do have an approved PERM and I-140 from my previous employer “B”, which is a small consulting firm. This PERM has priority date of Jan’2009. My 6 years of H1b will be ending in Apr’2012.

    In such a situation, should I go back and join my old employer “B” or I should keep working for current employer “A”. After knowing the fact that with “A” it will take 2 years for PERM decision and if there will be any kind of layoff then I’ll be in trouble.

    Since my perm application has already been filed so I believe I’ll get H1 extension after completion of 6th year for 1 year at a time. But what if I laid off in 7th /8th year can I transfer my H1 from “A” employer to any other employer like “B” in 7/8th year

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