Legal Question in Immigration Law in Texas

Hi,

I need few clarifications regarding my situation:

a) I am on H1B with CompanyA, and my H1B will be completing 6th year by 13th Nov, 2012.

b) I have to move out of this company as they gave 2 week notice(due to GC Processing with current Company(CompanyA), as they keep saying PERM got applied/audited/denied, but not showing any proof,. They gave the 2 weeks notice for separation when I asked my employer to show all the details about PERM audit/denial)

c) At this moment, I am not working on any project

d) Found a CompanyB to transfer my H1B

e) CompanyB asking me to get the job and then we go can ahead with H1B and also we can start processing for PERM(for GC)

Assumption: I may get job in the next week

Questions:

1) What is the percentage of getting H1B

2) What is the time frame to get the H1B approved( normal and premium) including LCA time

3) What is the percentage of PERM get approved

4) What is the time frame to get the PERM approved( including advertisements, prevailing wages)

5) What is the percentage of applying for my H1B extension after 6th year

6) Shall I transfer to CompanyB or its better to leave the country within 10 days? ( as I have 10 more days with CompanyA H1B, I dont know they will cancel my H1B after 10 days)

7) Assume, CompanyA will cancel my H1B after 10 days, Can I stay after 10 days.

8) Is there any clause/rule that tells a candidate can stay in USA up to so many days even though the candidate separated from the services with CompanyA


Asked on 3/15/12, 8:14 pm

1 Answer from Attorneys

Brian D. Lerner Law Offices of Brian D. Lerner, A Professional Corporation

Hello:

Your questions depend on whether the processing is prepared correctly and many other factors. It would be in your interest to get a consultation.

Read more
Answered on 3/22/12, 10:40 am


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