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  • PERM Audit

    I am on my 6th year of my HIB which is valid till 6/3/12. My Labor was filed on 5/11/11. I received an Audit on Oct 2011 and on 11/20/2011 received a “Supervisor Recruitment Notice”. My employer is going to do the needful as per the DOL.

    Can I apply for H1B Transfer to company B ?. with my Company A 's PERM in pending status


    . Thank you

  • #2
    Well, you can defintely transfer your H1B and work till you reach the 6 year limit on the H1B CAP. But you will not be able to get the extension beyond the 6th year as the labor should have been filed by the new employer at least 1 year prior to your 6th year end. There is no way your new employer can get both PERM and I-140 approved before your 6th year end to file the extension.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      PERM Audit and H1B 6th Year

      Sir Thanks for Reply. My PERM was applied 365 days before I enter to 6th Year.

      Can I get my H-1B Extension when my PERM is Pending ?


      Please Reply

      Thnaks in Advance

      Comment


      • #4
        Possible. Extension should be filed by the employer who filed your PERM.

        Originally posted by harigoli View Post
        Sir Thanks for Reply. My PERM was applied 365 days before I enter to 6th Year.

        Can I get my H-1B Extension when my PERM is Pending ?


        Please Reply

        Thnaks in Advance
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment


        • #5
          Hello Sir,

          Greetings and sorry to interfere.

          Once his extension went through with his current employer based on the PERM, can he go for transfer so as to get his extension beyond 6 years?

          Thank you and you have a great day.
          Vijaya

          Comment


          • #6
            No. You will need a copy of the approved I-140 from the current employer to get the H1B transferred to a new employer beyond the 6th year.

            Originally posted by vijayahr View Post
            Hello Sir,

            Greetings and sorry to interfere.

            Once his extension went through with his current employer based on the PERM, can he go for transfer so as to get his extension beyond 6 years?

            Thank you and you have a great day.
            Vijaya
            Not a legal advice. Use of this information is strictly at your own risk.

            Comment


            • #7
              Thank you Sir.

              Vijaya

              Comment

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