Legal Question in Immigration Law in California

My current employer say Employer A has initiated my Green Card process and have filed PERM with priority date 01/08/2015, yet to be approved. My H1B 6 year period expires on 01/17/2016. Recently I got an offer from Employer B who has initiated H1B transfer and requested USCIS H1B period till 01/17/2016. However the attorney representing Employer B has also recommended that he can use the existing PERM case# A-xxxx-xxxx filed by Employer A and file a new PERM on behalf of Employer B requesting to give me an extension of year after 01/17/2016 as my PERM was filed 1 year before H1B 6 year period got over.
My question, is this option possible? Where Employer B can file another PERM with existing PERM Case# filed by Employer A? If yes, is it ok?

Asked on 5/17/15, 9:00 pm

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

0 users found helpful

0 attorneys agreed

There are two different issues here.

First, if a person reaches his 6 year maximum stay in H-1B status but has a PERM case that has been pending 365 days or more, then a 7th year H-1B extension is possible. However, chances are your first PERM case will be adjudicated soon, as long as it has not already been subject to an Audit. If the PERM case is approved soon, then you would need an approved I-140 petition in order to be able to extend your H-1B visa beyond 6 years.

Second, a foreign worker can have multiple PERM cases filed by different employers, however, the same rules apply for an H-1B extension beyond 6 years, as specified above.

Answered on 5/18/15, 10:59 am

Mark as helpful