H1B extension with different employer

[veeramarni]

Hello,

I have H1b with Company A for almost 6 six with which i have I140. My second H1b will expire at end of September. I have been requesting my employer to apply for extension but he is very bad in responding. I feel like he take granted to respond to me and not delay my extension. He does many times and i'm really frustrated to be with this employer any more. I'm researching if i have any option right to have another company B who can apply for H1b extension? Since I140 cannot be transferred to another company, am i stuck with my employer A until he applies for extension? But even my employer applies for extension, i would like to move on to another consulting firm as i don't feel safe with the current employer. How long will it take to get new I140 with new employer if they applied for ASAP? Is it a good idea to transfer to new employer or will it be better to stay with the current employer who is sloppy and get on my nerves very often?

[shervin143]

You can find a new employer and file a transfer using the copy of your I-140 approval notice to get extension beyond the 6th year. However, the new employer will need to restart the GC process right from the ground. You will have the option to retain your priority date based on your previous I-140. It will take the same time that it took for you to get to the I-140 stage the first time. Preparation to file PERM will take about 6 months. After you file PERM, it will take anywhere between 6 to 11 months for the approval. Once PERM is approved, you can file I-140 again and retain the previous priority date. I-140 will take about 3 months by normal process and 15 days by premium. Then you will need to wait for your priority date to become current to file I-485.