H1B Transfer with 1 Year left on H1B

[bhagwaro]

Hi,

I am currently working on H1B with company A. I have 1 year and 3 weeks left on my H1B visa before I complete 6years on H1B. (I complete 6 years on H1B on 20th April 2015). My current employer (company A) has not initiated PERM/green card process.

I got a new job offer this week from Company B and I want to switch job and join the new company B. My questions are:
(1) Can my H1B be transferred to company B with 1 year and 3 weeks left to complete 6 years? Do you foresee any problems with H1B transfer?
(2) How much time does it take to transfer H1B? How soon can I start working for Company B?
(3) Can I join Company B as soon as they submit a H1B transfer application? OR do I have to wait for H1B transfer to be approved and the new petition to arrive?
(4) Would company B be able to initiate my PERM/Green Card process, as soon as I join them? Is 1 year and 3 weeks too little time to initiate PERM process?

Thanks a lot in advance. Appreciate your help in this matter.

[raghvi]

Hi,

I am currently working on H1B with company A. I have 1 year and 3 weeks left on my H1B visa before I complete 6years on H1B. (I complete 6 years on H1B on 20th April 2015). My current employer (company A) has not initiated PERM/green card process.

I got a new job offer this week from Company B and I want to switch job and join the new company B. My questions are:
(1) Can my H1B be transferred to company B with 1 year and 3 weeks left to complete 6 years? Do you foresee any problems with H1B transfer?
(2) How much time does it take to transfer H1B? How soon can I start working for Company B?
(3) Can I join Company B as soon as they submit a H1B transfer application? OR do I have to wait for H1B transfer to be approved and the new petition to arrive?
(4) Would company B be able to initiate my PERM/Green Card process, as soon as I join them? Is 1 year and 3 weeks too little time to initiate PERM process?

Thanks a lot in advance. Appreciate your help in this matter.

1. Yes
2. 2-4 Weeks in premium, 2-4 Months in normal processing.
3. Advisable to wait till approval comes.
4. Technically you dont have to join them for them to file your PERM. Remember PERM has to be applied 365 or more days before your 6th Year Finish in order to be eligible for the 7th Year extension. So advisable to ask them to file your PERM as soon as possible as you have only 3 Weeks for the 365 Days clock to finish.

This is my opinion not legal advice.