Hi , I am working for Employer A and My Perm was filed with new Employer B and got it approved oct 29, 2019 (365 days before my visa max out OCT 30th 2020 ) to which I am YET to file H1 transfer. currently in process of finding client so that I can file my transfer the H1 to Employer B who has my PERM approved. 1. Will my H1 get 7th year extension when I file my H1 transfer to new employee B ( new employer will not file i140 until i join him) and no need to request separate extension request? ( if yes it will like i will be filing technicalliy extension before 11 months of current H1 expiry! USCIS allows ONLY extension case withing 6months of expriry but in My case I am TRANSFERRING H1B so have this doubt ) 2. Can my current employer A file 7th year extension based new employer B’ PERM ? Thanks.
As long as 140 is filed and not withdrawn by employer B within 6 months of approval, you can use the i140 for h1b extensions from employer a as well . When it comes time for applying for i485 you will need to have the 140 filed again with employer a. You will be able to maintain your PD of course . A new i140 is not required for h1b extensions as long as the older one is valid or not withdrawn within 6 months .
Yes, you can be granted a combined pre- and post-6th year extension based on the PERM. See section 31.3 of the USCIS Adjudicator's Field Manual. Also yes, eligibility for post 6th year extensions is "portable" to any employer, not just the one that filed the PERM and/or I-140. Do note however that PERM expires if the employer doesn't file an I-140 within 180 days.
I think this better be discussed with your immigration lawyer, but as far as I know, once transferred all your PERM and I140 with previous employer are gone, and you start over, the only thing you can retain is your priority date if you had an approved I140 with a previous employer you can attach it when filing for the new I140 to get the earlier priority date.
Thanks for the response. I have edited my post for better clarity. Employer A does not have perm. Employer B has the Approved perm, to which I am going to file my transfer to . In that sense along with my post details what are the suggestions?