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  • H1B in 6th years, Laid off

    Hi,

    I am currently in the 6th years if my H1B expiring in June 2018 and have been laid off last week due to financial issues at a global giant. I wanted to know if

    1) My Visa expiry date is 06/18/2018. Is it enough time for me to get the PERM submitted and pending process.

    2) My recruitment processing time and previous employer experience letter was obtained by previous employer. Do you know if we can utilized any of the the existing time which was invested in PERM process by previous employer..

    3) Also, if the PERM is pending, is it possible to have 1 year extension while we are waiting for the decision ?.

    4) What is the average time it is taking right now without the Premium processing for an H1B transfer.

    5) My wife is on L1B and extension possible for 2.5 years, can I file H1B PERM and move to EAD and come back once PERM is approved.

    6) if # 5 is yes, While I am on L2 and waiting for EAD, what are the best options/ ways in which I can explain to the employer, the 'time in transition' while I transfer from H1B to EAD.

    7) My wife has the PERM process started and she may receive her I-140 middle next year, but it seems with L1B, you cannot to multiple extensions . Is that true ?

    8) Can I travel internationally on the receipt number with a valid Visa stamped of previous employer and an Notice of Receipt for the new employer irrespective of my case has been revoked to not by previous employer.

    Any help will be greatly appreciated.
    Regards
    Ajay

  • #2
    1) who is going to file PERM for you? Obviously not your employer, who can't even keep you employed on H-1B. The entire PERM process from scratch is typically 12 months

    2) who is "we"? Only a prospective employer can initiate any step in the PERM process. No, one employer can not "inherit" a portion of another employers PERM process (eg PWD)

    3) yes

    4) 6mo

    5) you can COS to L-2 EAD and later return to H-1, if that is what you meant to ask

    6) "I was let go because my employer faced financial difficulties"

    Comment


    • #3
      Originally posted by inadmissible View Post
      1) who is going to file PERM for you? Obviously not your employer, who can't even keep you employed on H-1B. The entire PERM process from scratch is typically 12 months

      2) who is "we"? Only a prospective employer can initiate any step in the PERM process. No, one employer can not "inherit" a portion of another employers PERM process (eg PWD)

      3) yes

      4) 6mo

      5) you can COS to L-2 EAD and later return to H-1, if that is what you meant to ask

      6) "I was let go because my employer faced financial difficulties"
      7. Yes, only H1 can be extended based on approved I140, not L1.
      8. No.

      This is my opinion not legal advice.

      Comment

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