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H1B Maxout + GC processing and new employment

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  • H1B Maxout + GC processing and new employment

    Need some advice on how to handle the situation. My H1B maxout date is February 28, 2018.My current employer is sponsoring my GC and the PERM recruiting process was
    completed and it is in the waiting period as per my attorney. He will be filing the PERM towards the end of July, 2017, leaving around 7 months until I hit the maxout.
    It means if I get PERM approved in 3-4 months I can file I-140 in premium and then file the H1B extension. But since my PERM was not filed 365 days prior to my H1B maxout
    I will not able to stay unless I get my h1b extension approved, I believe. To add on to it, I came to know that USCIS has stopped H1B premium processing.

    I dont know whether it is good or bad, but my old client has offered me a direct employment with them and have promised to sponsor my GC, now I am at a dilemma on what
    needs to be done (I like that job). My questions are.

    1) Is 7 months enough for me to get till my H1B extension approved (If all the steps go without any problem) ?
    2) Is it adviced to join a new employer at this point?
    3) If my I-140 is approved and H1B extension is filed, and then I hit the maxout before I get the extension approval, can I go back to my home country and then come back?

    Please help me with your answers, so that I can be prepared.

  • #2
    Originally posted by kewlbuddy View Post
    Need some advice on how to handle the situation. My H1B maxout date is February 28, 2018.My current employer is sponsoring my GC and the PERM recruiting process was
    completed and it is in the waiting period as per my attorney. He will be filing the PERM towards the end of July, 2017, leaving around 7 months until I hit the maxout.
    It means if I get PERM approved in 3-4 months I can file I-140 in premium and then file the H1B extension. But since my PERM was not filed 365 days prior to my H1B maxout
    I will not able to stay unless I get my h1b extension approved, I believe. To add on to it, I came to know that USCIS has stopped H1B premium processing.

    I dont know whether it is good or bad, but my old client has offered me a direct employment with them and have promised to sponsor my GC, now I am at a dilemma on what
    needs to be done (I like that job). My questions are.

    1) Is 7 months enough for me to get till my H1B extension approved (If all the steps go without any problem) ?
    2) Is it adviced to join a new employer at this point?
    3) If my I-140 is approved and H1B extension is filed, and then I hit the maxout before I get the extension approval, can I go back to my home country and then come back?

    Please help me with your answers, so that I can be prepared.
    1. Cant say, it is possible.
    2. I would not advise it, the Prevailing Wage, recruitment etc would have to be re done.
    3. Yes.

    This is my opinion not legal advice.

    Comment


    • #3
      Originally posted by raghvi View Post
      1. Cant say, it is possible.
      2. I would not advise it, the Prevailing Wage, recruitment etc would have to be re done.
      3. Yes.

      This is my opinion not legal advice.
      Thanks Raghvi

      Comment

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