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H1b Transfer During 7th Year Extension

Discussion in 'Nonimmigrant Visa Validity' started by gsg, Aug 29, 2014.

  1. gsg

    gsg Junior Member

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    Hi Ron,

    I have got my 7th year H1B extension using PERM application (still in progress and has not moved to I-140 stage yet) from Company A. Now I am planning to move to another Company B using H1B transfer. I have the below questions for my scenario.

    1. Am I allowed to transfer H1B during my 7th year extension as the extension was given based on PERM application from Company A?
    2. If I am eligible for a H1B transfer, can company B use the same PERM application or will I be able to maintain the same priority date, if company B starts PERM processing for me (which they promised to)?

    Thanks
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    As long as the PERM is not withdrawn, you may use it to get a post-sixth year exertion from anyone. A priority date does not attach until an I-140 is approved for the underlying PERM. Once an I-140 is approved, you get to keep that date for any EB green card application you file.
     
  3. gsg

    gsg Junior Member

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    Thanks Ron for your quick response. My company A would withdraw my PERM once I go to Company B. Should I make sure the PERM from Company A is not withdrawn until I get H1B transfer (with extension)?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes you should.
     
  5. gsg

    gsg Junior Member

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    Thanks Ron. Can I stay in US with my extended H1B from company B (which will be my 7th year in US) even after the PERM is pulled out by Company A? The plan is to start PERM processing from company B after the H1B transfer. Basically I want to know I would not be having issues with my stay in US in company B after moving to that company.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes you can. The USCIS will not revoke your H approved H petition if your original employer subsequently pulls their PERM.
     
  7. gsg

    gsg Junior Member

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    Thanks Ron for your help on this.
     
  8. gsg

    gsg Junior Member

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    One more question, during H1B transfer, is it possible that USCIS will give visa (for company B) only till my sixth year Max out date? Though I have one year extension because of Company A's PERM, I want to know if my visa validity will be restricted to sixth year max out date which is End of November 2014 during H1B transfer.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    First, understand that the USCIS does not issue visas. They approve petitions and can change or extend status, but they have nothing to do with visas. I don't mean to be pedantic about this, but I can't even begin to count the number of people who have gotten into trouble by confusing these terms.

    The law provides that if an H1B beneficiary has a PERM that has been pending more than 365 days or an approved I-140, he or she is no longer subject to the six year limit. It doesn't matter that the PERM or I-140 was filed by another employer. Unless it has been revoked before a decision is made on the H extension, all that matters is that there is a qualifying document.
     
  10. gsg

    gsg Junior Member

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    Thanks a bunch, Ron. That really helps :)
     

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