PERM -- Can it be filed even after 6 years of MAX OUT

USA PERM
1

Hi Anil,

My employer is telling me that your perm could be filed even when you reach India after completion of your 6 years of H1B.

Is this possible?

Thanks,
KY

2

Yes, PERM can be filed anytime.

3

Hi Anil,

Thanks for your response. Based on your answer I confirmed with my employer and he told me that I need to be present in USA then only PERM could be filed for me, so they are not filing perm for me as of now.

Now I do have 5 months for Max out, so can I go to an employer (desi company) and get my H1B transfer in normal mode( I am not sure if it possible with only 5 months of visa left) and ask him to file my PERM asap and later if my transfer gets rejected what would happen to the perm?

Thanks,
KY

4

Didn’t you said earlier that your employer told you that PERM can be filed even if you are in India?

Why has your employer’s answer changed now?

PERM is for future job and not attached to H1b job.
PERM is only valid for 6 months and you have to file i140 within 6 months.

5

Hi Anil,

Thanks for prompt response. My supervisor said he will do it but now when I checked with the Immigration Team they are not ready for it.

Now I just have one option that I move as a contractor with some desi company and as I have just 5 months left so I don’t think I need premium processing because before I get the result of the transfer I be already out of USA.

My question here is: Is it possible for an employer to transfer my Visa with only 5 months of validity
secondly if it is possible and some how I manage to get my perm filed before I move out of USA and the transfer gets failed what would be my options?

Thanks,
KY

6

As i already said, PERM is not dependent on H1B, the denial does not affect it.

7

Hi Anil,

Thanks for response. Now I understood.

Regards,
KY