Immigration Issues/PERM, H1 transfer

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Question
Dear Sir,

My H1 expires in December 2005. My present employer has filed for labor certification in November 2004 under regular process. I'm working with this employer for last 5 years.

I heard that PERM is replacing regular/RIR labor certification process in March 2005. I want file under PERM. I understand for this I'll need to change the employment and transfer H1. My questions are;

1. Can I change the employer in sixth year of H1 and still get the 7th year extention through new employer (since labor is already filed before 365 days)?
2. What is the estimated processing time for labor under PERM?
3. Do I have to wait a year after labor is filed to change the employer.

I hope questions are clear enough.

Please advise what other options I have?

Thanks and regards

Kamran Khan


Answer
Hi Kamran,

You will be unable to convert RIR (your labor case was probably filed under RIR rather than regular-track Labor Certification) to PERM without losing the priority date. The priority date is crucial for you since the labor (whether RIR or PERM) must be pending for at least one year before you can file for 7th year ext. in H-1B.

Therefore, converting from RIR to PERM is not an option for you. The 7th year ext. (because RIR will have been pending for one year) can be through a different employer. If you want to change employers now, the new employer's H-1B approval will only be until Dec. 2005 (and can then be extended in one year increments).

Regards,
Ajay K. Arora, Esq.
www.H1B1.com

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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.

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