nitin khanna wrote:
> Let me take a deep breath before I start...
>
> I have filed a PERM with my employer on May 15th 2005 from Chicago. I
> (myself, employer and lawyer) have not heard anything so far. I
> followed up with them a lot... now I have given up on it.
>
> Here is my plan-B and little background:
> I will be finishing with my 6th year of H1b next month. My employer has
> already filed a one year H1b extension for me. Once I get that I am
> going to QUIT and join my client who is giving me a great offer.
I assume you mean you intend to transfer the H-1B to a different
employer. You're only entitled to an H-1B on the basis of your current
employer's PERM application, so CIS are likely to be dubious about
this. They may want evidence that your current employer will continue
with the GC application after you leave them.
> Only problem with this new company is, its huge and will delay labor
> processing...
> Which brings me to first question : If I apply for PERM in 7th year,
> will that rule of "has to be filed one year before H1 expires is still
> valid?"
In order to get an H-1B extension, a GC application needs to be
outstanding for which the process was started before the end of your
fifth year. If your current employer withdraws your application, you'll
no longer be able to extend you H-1B.
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