Query on green card processing and it's impact on H1-B extension
Hi, I have a question regarding the green card process and its impact on the H1-B validity. Scenario : PERM is approved and I am still awaiting company A to file I-140. H1-B expires in Jan 2020. As there is some delay in applying I-140 and I have decided to pursue a job opportunity in company B, I read online that we could use an approved PERM certification from company A to extend the H1-B validity by 1 year. Question : What document do I need from company A to extend the validity of H1-B by 1 year during the transfer to company B and get more room to start the whole green card application with company B? Will company A be obliged to give supporting document such as ETA form 9089 (PERM certification) or the Dept of labor email notifying that PERM has been approved. If anyone has faced this situation or has some information, any pointers or suggestions would be really helpful. Thanks !
Like suggested above get i140 approved in premium Else you take on too much risk
I don't know that either. I have emailed them multiple times and I get a generic response saying that they would apply for I-140 in a strategic order based on the expiry date of each case and other factors. Obviously, I can't push them by saying I need this to move to a different company and extend my H1-B validity
What risk are you taking about if I get a 1 year extension with an approved PERM ? I am not worried with the missing an earlier priority date as the whole queue is fucked up with longer wait times
To get a 1 year extension based on PERM with previous employer, you need the full form of eta-9089 but no company shares this. Only way is to request thru FOIA to dept of labor. I think best would be for you to pressure your current immigration team to file your i140 right away in premium and then move to the new company
I am definitely trying my best to get I-140 with my current company. Regarding the first option of requesting through FOIA to dept of labor, could you clarify what that means ? Whats FOIA ?
Freedom of information act
As others said.. Wait till you get i140 approved. Preferably wait 6 months after approval of i140 so that company can't revoke it . i140 is quite useful.. Gets you unlimiyed 3 yr extensions .
Tell them you need i140 for get h4 ead for your spouse. If you are not married, tell them you need i140 cause girls (or men) are refusing to marry without i140. :)
Lol, sarcasm in such times of distress is not all that bad ๐
What sarcasm? This is perfectly valid reason to ask for i140. If they want to laugh .. Let them . who cares.
So, your approved PERM took more than 365 days? That's the only way you can can get 1 yr extension. If you got visa till Jan2020 and you don't want stay with the company, then leave the country, get your Visa stamped and come back after 2 months. Find new job before returning. Use time capture and get them file your PERM in first 6 months. This is still a risk. Would you rather suck up and live in states or make a decision that could send you out of status? Hope you got the clarity.
Wait for the current company to apply for I140. Right now the PERM process is taking really long time to complete. I wouldnโt take any chances. Apply in premium. You should be good.
I have already given the money to apply for premium processing. But the immigration team could take 3 months to even apply I-140 in premium processing. As my current situation is not that great and my motivation is low at the current firm, I am exploring the option of extending my validity by a year during transfer and start the green card process from the beginning with a new firm.
It doesnโt add up, i140 after PERM should be a matter of few days Why do they need 3mo