Legal Question in Immigration Law in New Jersey

PERM in last year of H1(B)

This is my sixth year on H1(B). My current employer has filed for my Labor. My current employer has some financial difficulties and might not survive for more than 2-3 years.

Meanwhile I have a new job offer on hand. The new employer is willing to file in PERM system. This being my last year on H1(B); I am confused if I will be able to extend my H1(B) should the perm labor come through; because I have heard that the application with Labor has to be atleast a year old to be eligible to apply for extension.

My question is, if I get my labor, would I be able to extend my H1? If my labor does not progress much; can I apply for extension? Pleas advise. Thanks in advance.


Asked on 2/06/06, 3:19 pm

1 Answer from Attorneys
Sameer Kumar Law Offices of Sameer Kumar, P.C.

Re: PERM in last year of H1(B)

From the facts that you have provided it does not appear that you will be able to get a 7th year extension based on your labor certification filing with the NEW company. However, you may have the ability to port your application to the new company after your existing labor cert is approved and your I-140 is approved and I-485 has been pending for 6 months. You will have to discuss the details and time line for that with an attorney. Feel free to contact my office if you would like to set up a consultation for your case.

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Answered on 2/06/06, 3:29 pm


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