Can I get an additional year when doing H1-b transfer with pending perm?

I got laid off recently, I am on my second h1-b and I have around 1 year 7 months left of my 6 years. I had my perm application pending from August 2023. I got an offer from a new company. So when company B files an H1-B transfer can they request an additional year in addition to my remaining time? My current employer said they won’t withdraw my Pending perm application for 60 days.

No. Your new employer will have to file a new PERM and then the new 1 year PERM timer will start.

H1B extension PERM after 6 year is allowed in 1 year batch if PERM is pending for 365+ days including PERM audit days. PERM has no premium processing.

i140 h1b extension after 6 yrs with current / new company. Use previous employer approved i-140. Without i140, 7th yr extension if PERM pending 365+ days, including Audit.

1 Like