PERM status and I140 filing with different employer just before H1 max out

USA
1

Hi Anil,

I hope you can guide me with below query.

My H1 is maxing out by July mid 2020(including recapture) and since my current employer did not start Green card processing I reached out to another employer(consultancy) and they started my processing without me quitting my employer.

Currently PERM is in pending status and looks like approval can only be expected by July end. Can you tell me what my options are?

Should I travel back to India(by June mid, keeping one month in my H1 max out) and wait for my PERM approval and then try i140 filing in premium while in India? (Can I really do this?)

Would really appreciate your response and guidance. Thank you.

2

It is better to go to India and wait for perm approval.

I140 can be filed from India.

3

Thank you for the reply.

So, are you saying to go back to India and once PERM is approved then join Employer B and do h1 transfer and have them file i140? can the Employer B still be able to file my i140 while I am in India?
I am assuming I need to quit employer A after Perm is approved.

4

You can file one year H1b extension based on approved PERM. There is no need to leave if PERM is approved before your H1B 6 year max out.

5

Thank you so much for the reply, really appreciate it.
Actually PERM is filed by employer B, I am still with current employer A. Based on current processing time, perm will be get approved only after my H1b max out. So in that scenario, how should I plan?

6

I do not understand as to what you are trying to do here.

7

Sorry for the confusion.

I work with employer A, and currently employer B has filed PERM for me and is in pending status.
My H1B max out is in June, but PERM approval expected is July. Considering this, what are my chances to travel back to US under employer B after going back to India under employer A.

8

I cannot define the chances.

I can only answer specific queries about rules and processes.

9

I meant, how can I come back considering PERM is approved. Can employer B do H1 transfer and file i140 for me.

10

That’s what i answered in my first response earlier:

11

Thank you for the confirmation