You are here:

Immigration Issues/Job change after PERM process in H1B 7th year

Advertisement


Question
Hello Ajay,

Will be very grateful for any information and assistance you can provide me. Here is my situation.

My current H1 (after all recaptured time etc.,) is on the 6th or 7th year - am not really sure, but think it must be the 7th and is valid until Feb 2013.

I am with employer A and My labor PERM was filed in Jan 2012, still awaiting the decision and hope to hear in the next month or so (as it's already been 2 months). Can you please let me know my options as below as I'd like to move to employer B (who was actually my previous employer).

1. Can I do so now? Before PERM is approved? I'm pretty sure your answer will be 'no' given I only have less than 9 months left on the H1

2. Can I do so after PERM approval comes in? If that is the case, what is the process? Do I need the PERM approval copy and immediately Employer B needs to file for the H1 transfer so that I get an additional year?

3. If I can do that, can my new employer also immediately file for new Labor PERM - I don't think I'll have the 365 days before expiry of the 7th years of my visa as it will take them at least 4-5 months to make the filing, assuming they begin in May/June. Is that ok not to have the labor filing done before 365 days?

4. The added thing is I'm going to India in May to get married. So, is there anything I must consider for my spouse's status?

I know that the safer thing might be to stick to employer A until they file 140 and it gets approved but that will take another 6 months.. I'd rather make the move before that.

Again, will be very glad to know what you think.

Thank you.

Answer
Hi,

Co. B can file an H1B petition for you now, but it will be approved only until Feb. 2013, assuming that you will have reached the maximum of six years in H1B status in Feb. 2013. The only way that Co. B's H1B petition will be approved beyond Feb. 2013 is if the PERM through Co. A (or Co. B) is pending for at least one year at the time that Co. B files the H1B petition for you, or if the I-140 is approved. Incidentally, Co. B can file a PERM application for you now, as there is no requirement that you be employed currently by the company sponsoring for PERM: www.h1b1.com/laborcert.htm

Your spouse will apply for H4 visa stamp at a U.S. Consulate. The Consulate will issue the H4 visa stamp only until the validity date of your H1B visa stamp in passport: http://h1b1.com/family.htm  

Immigration Issues

All Answers


Answers by Expert:


Ask Experts

Volunteer


Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

©2016 About.com. All rights reserved.