Hello,
I work through an employer ‘A’ for a client ‘B’. My employer ‘A’ had filed my perm on April 13, 2023 which got approved on May 20, 2024 with validity until November 16, 2024. My H1B max out was Dec 6, 2024 and ‘A’ had filed H1B extension on Sept 16, 2024 requesting petition extension until Feb 11, 2026 (H1B 7th year + 2 months recapture), which is still in process. Employer ‘A’ sent me an Email on Nov 7, 2024 saying that they are not filing i140, and refused to disclose the reason for the same.
Now my client ‘B’ is ready to offer a full time job.
Need help to understand below:
Is H1B transfer to new employer possible while 7th year H1B is still in process?
Can new employer ‘B’ file new PERM while 7th year extension is in progress?
If answer is YES to both above mentioned Questions, can 8th year extension be filed if about to exhaust 7th year and perm/i140 are still in process?
Thanks,
Vinod
I am not sure what basis they have used to file the extension except the recapture time.
As per my understanding, you need an approved PERM + pending i140 to file the 1 year extension beyond the total quota of 6 years (including recapture time).
The new employer can file a PERM irrespective of the H1B extension status (pending or approved).
Basically 6 year (365 days * 6) H1B quota (including the recapture) time can be extended only if PERM is pending for more than 365 days or i140 is pending.
There are various situations that may allow 1 year extension as mentioned here: