Post 6 Years on H1B

[consider]

Hi,

My PERM was filed on - 3 Jan 2014.
My 6 Year h1b period ends 30 May 2014.
For Post May - I will file COS h1 to h4.

My question is 3 Jan 2015 - can I ask another company (not current company) to file for my h1b based on PERM pending 365 days or if my PERM is approved earlier can I ask another company to have me on their h1B visa? i.e. h1 to h4


Thanks in advance

[consider]

Hi All -

Will appreciated any responses.

Thanks in advance

[raghvi]

Hi All -

Will appreciated any responses.

Thanks in advance

I dont think the H1 cap will be open in Jan 2015 for another company to file H1 for you. What can possibly be done is that you keep some time - a month or so, remaining in your current H1 and do a transfer + extension on this H1 in Jan 2015. In that case you would have to file a H1 to h4 a month in Advance , say in April 2014.

This is my opinion not legal advice.

[raghvi]

Also, is the current employer willing to keep the PERM going when you cant work for them from May 2014 onwards?

[consider]

Thanks Raghvi.

I will have to ask my Employer about the PERM. If PERM is approved say by July and they don't file I-140 - can I still extend my visa next year? Because I thought visa extension is possible if PERM is pending for a year.

Thanks in advance

[raghvi]

That is I believe only if the PERM has not been withdrawn.

This is my opinion not legal advice.

- - - Updated - - -

That is I believe only if the PERM has not been withdrawn.

Also I believe there is requirement for I-140 to be mandatory filed within 180 days of PERM approval otherwise it will be revoked and further extension based on PERM processing/approval wouldn't be valid.

This is my opinion not legal advice.

[consider]

Thanks Raghvi so much.