Change Job, h1b 6th year, PERM just started!

[seable]

I get a new job offer from Firm B. However, before they can issue an official offer letter, they need to be ensured that I can work for them legally in the long term.

Problem:
1. I'm currently working with Company A, with the H1B expiring in Oct 1st, 2012. Company A just started EB2 Green card application. Plan is to finish job posting in Feb and apply PERM in May 2012, get PERM approval in Aug-Sep, 2012, file I-140 premium application, get 1-140 approval in 15 days and, then file H1b 1 year extension before Oct 1st 2012. And my international travel time outside of USA of 2-3 month can be recaped and extend the Oct 1st H1B expire date?

2. In order for me to work in new Firm B, what shall they do? Shall they do H1B transfer first before Oct 1st h1b expiring date? In the same time file PERM and I-140? They are questioning whether I will have enough time to get the I-140 approval by Oct 1st, 2012 so they can do the H1b extension.

Thank you.

[shervin143]

1. I'm currently working with Company A, with the H1B expiring in Oct 1st, 2012. Company A just started EB2 Green card application. Plan is to finish job posting in Feb and apply PERM in May 2012, get PERM approval in Aug-Sep, 2012, file I-140 premium application, get 1-140 approval in 15 days and, then file H1b 1 year extension before Oct 1st 2012. And my international travel time outside of USA of 2-3 month can be recaped and extend the Oct 1st H1B expire date?
>>> Possible if both PERM and I-140 gets approved before the end of your 6th year end on H1B. If your labor goes into audit, then you will be in trouble.

2. In order for me to work in new Firm B, what shall they do? Shall they do H1B transfer first before Oct 1st h1b expiring date? In the same time file PERM and I-140? They are questioning whether I will have enough time to get the I-140 approval by Oct 1st, 2012 so they can do the H1b extension.
>>> Not advisable to start working for the new employer until you get the I-140 approved. Once I-140 gets approved and if you have a copy of it, then the new employer can file the 7th year extension based on the approved I-140. I-140 should remain valid for a successful transfer beyond the 6th year. If the current employer revokes it, then you will be in trouble.

[seable]

1. I'm currently working with Company A, with the H1B expiring in Oct 1st, 2012. Company A just started EB2 Green card application. Plan is to finish job posting in Feb and apply PERM in May 2012, get PERM approval in Aug-Sep, 2012, file I-140 premium application, get 1-140 approval in 15 days and, then file H1b 1 year extension before Oct 1st 2012. And my international travel time outside of USA of 2-3 month can be recaped and extend the Oct 1st H1B expire date?
>>> Possible if both PERM and I-140 gets approved before the end of your 6th year end on H1B. If your labor goes into audit, then you will be in trouble.

2. In order for me to work in new Firm B, what shall they do? Shall they do H1B transfer first before Oct 1st h1b expiring date? In the same time file PERM and I-140? They are questioning whether I will have enough time to get the I-140 approval by Oct 1st, 2012 so they can do the H1b extension.
>>> Not advisable to start working for the new employer until you get the I-140 approved. Once I-140 gets approved and if you have a copy of it, then the new employer can file the 7th year extension based on the approved I-140. I-140 should remain valid for a successful transfer beyond the 6th year. If the current employer revokes it, then you will be in trouble.

The new employer won't be able to wait me for 8 month, since their offer will depends on whether I can start work for them now and continue work for them for the next several years. Is there any way I can still work out a h1b ->green card procedure, so they can give me the new job offer? Hate to loose this good opportunity just because of the H1B or green card application.

Thank you.

[shervin143]

There is no other option. If you join the new employer now, then they should file your PERM and I-140 and they should get it approved before the end of your 6th year, so that they can file your 7th year extension. There is rarely any chance of that happening within this short time. Will you able to work outside U.S for the employer for 5-6 months?

The new employer won't be able to wait me for 8 month, since their offer will depends on whether I can start work for them now and continue work for them for the next several years. Is there any way I can still work out a h1b ->green card procedure, so they can give me the new job offer? Hate to loose this good opportunity just because of the H1B or green card application.

Thank you.

[seable]

There is no other option. If you join the new employer now, then they should file your PERM and I-140 and they should get it approved before the end of your 6th year, so that they can file your 7th year extension. There is rarely any chance of that happening within this short time. Will you able to work outside U.S for the employer for 5-6 months?

I just find out that I have 140 days out of USA travel days that I can recapture to extend my H1b expiration from Oct 1, 2012 to Jan or Feb, 2013! Will this gives enough help to give me time for the new company I-140 approved?

My thought is that the current employer just started a new job post Jan 2012, so there is no timing difference to get my I-140 approval between new and current company?!

The new firm won't allow me to work outside USA. The current firm maybe allow me to work in china for couple month!

Thanks.

[shervin143]

It will take about 1 month to get the prevailing wage. Then about 2 months of the advertisement. PERM can take anywhere between a couple of months to 6-7 months to get a decision (If it doesn’t go into an audit). Once PERM gets approved I-140 can be filed in premium to receive a decision within 15 days. Lawyers will take their time to prepare the documents. Think whether all this can be completed within the end of your 6th year on H1B (including time that can recaptured). Also, do consult an immigration attorney.