View Full Version : H1 Transfer after 6 years with approved labor only which is less than 365 days old-Is

01-20-2012, 11:49 PM
This is my situation
Currently in 7th Year of H1B(beyond 6 Yrs)as of Jan 1 2012 with approved I 140 with Employer A
kindly advise if this is doable or not
Jan 1 2012-Apply for H1B transfer to Emp B(receive 3 Yrs based on approved I 140 of A)
Jan 15 2012-Emp C files PERM
May 15-2012-C's PERM approved
May 16-Transfer H1B to C based on his approved PERM only-IS THIS DOABLE?
(C wont file I 140 unless 2 Paystubs are generated thru C-which will need H1B transfer)
The tricky part is-PERM got approved in 3 months but it is not 365 days old.Is this PERM good for H1B transfer in 7th yr to Emp C?
The tricky part is-C wont file I 140 without H1B transfer and I will have already used benefit of I 140(Approved from A) when I transferred from B to A
Please advise
To summarise-
Can One Transfer H1B beyond 6'th year-lets say in the 7'th,8'th...year with an approved PERM ONLY from another employer which is NOT 365 days old?

03-27-2012, 02:27 PM
Hi Dmitri

Were you able to get any feedback on this outside of this forum? Please post as I am in the same situation and any advice will be very helpful. Can you transfer H1 and get an extension based on ONLY PERM approval from previous employer?

03-27-2012, 03:37 PM
yes i figured.
its not possible to transfer h1b based on approved perm only if it is less than 1 year old.
u need i 140.
only if perm (even approved) is less than 1 year old its not good for getting h1b transfer(or extension)
did you apply for PERM for future employment?