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H1B sixth year - PERM labor pending - company filing bankruptcy

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  • H1B sixth year - PERM labor pending - company filing bankruptcy

    My H1B expires in Dec 2015. The company has filed PERM in mid Dec 2014. Unfortunately company will most likely announce/file bankruptcy in a couple of days - as of now no idea what chapter that would be.
    Any suggestions?

  • #2
    You need a new job bro

    Comment


    • #3
      Transfer to another employer with an extension beyond the 6th year in H1B is not possible without an approved I-140.
      Not a legal advice. Use of this information is strictly at your own risk.

      Comment


      • #4
        My PERM is approved. But not sure how the I-140 filing will go about. Can I apply for H1B extension based off the fact that I have an approved PERM which was filed before 365 day clock?

        Comment


        • #5
          Unfortunately only an extension is possible with an approved or pending PERM. To transfer, you need a valid I-140.

          Originally posted by lpp View Post
          My PERM is approved. But not sure how the I-140 filing will go about. Can I apply for H1B extension based off the fact that I have an approved PERM which was filed before 365 day clock?
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment


          • #6
            Originally posted by shervin143 View Post
            Unfortunately only an extension is possible with an approved or pending PERM. To transfer, you need a valid I-140.
            Okay. Yesterday eve I had a paid consultation call with a professional law firm. They informed me that my company can file for 1yr H1B extension, and once I receive the extension, I can switch the employer. That new employer can then initiate my GC process. Other option he said is, juss switch the employer right away and that new employer can file for 1yr H1B extension based on my approved PERM, and then he can start the GC process as usual.

            UPDATE : My PERM was filed 365 days before my H1B expiry date.
            Last edited by lpp; 07-22-2015, 11:20 AM.

            Comment


            • #7
              I-140 approved

              My I-140 got approved. Should I have my company file for an H1B extension? (not sure if they will be willing to put money on my H1B extension as they are winding up the business in couple of months)
              As I am actively looking for a new job, will my future employer will able to get the three year extension when they do the H1B transfer?


              *My employer will give me all the immigration documents (PERM approval, I-140 approval notice - basically my complete file)
              *H1B 6th year ends in Dec 2015

              Comment


              • #8
                A future employer can file a transfer and request a 3 year extension based on your approved I-140. You need to give your new employer a copy of your current H1B approval notice and a copy of the I-140 and they will know how to proceed further.

                Originally posted by lpp View Post
                My I-140 got approved. Should I have my company file for an H1B extension? (not sure if they will be willing to put money on my H1B extension as they are winding up the business in couple of months)
                As I am actively looking for a new job, will my future employer will able to get the three year extension when they do the H1B transfer?


                *My employer will give me all the immigration documents (PERM approval, I-140 approval notice - basically my complete file)
                *H1B 6th year ends in Dec 2015
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment

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