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H1 Transfer after 6 years with approved labor only which is less than 365 days old-Is it possible?

Jan 21st 2012
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?

GC for future employment

Nov 12th 2011
Hi All,

I am a victim of unfair so called 'Company Policy' where I have a B.E(4 years)+M.S(US Univ 2 Years)+8 Years of work experience yet my company filed GC in EB3.(citing reasons like-This position does not require Masters and other people working in this position are high school graduates or associate degree or even without college degree)i did verify the job requirement with manager and it did turn out that the position did require bachelor+5 years of work experience.i think the company filed in EB3 because they dont want me to get green card and also dont want to invite audit or dont want to be company that helps immigrants get green card.(which is very unfair actually)I came here 10 years ago ,worked hard,did master's legally.when the company post the job opening they will list 100 job requirements,when it comes to sponsoring H1B - they will list 100 qualities(including Master's)but when it comes to sponsoring green card ,they will list only bachelor+2 years.What kind of justice is this?

My manager has tried to help me but even his hands are tied.there is only so much he can do.

so anyways-after getting frustrated for 2 years and talking to attorneys and reading on forums

I found that I can upgrade to EB2 keeping old PD by refiling PERM in EB2 with another employer.the only caveat is - if my current employer revokes or withdraws i 140 then i stand to lose old priority date(10% risk).the attorney then advised that i file for PERM in EB2,get I 140 approved,port the date to new I 140 and then transfer H1B to new employer-which becomes case of future gc sponsorship.

It so happens that there are not many company who will wait for PERM to approve without joining them after successful interview.

I am writing in this forum hoping someone will help me.

Are there any companies who are willing to initiate the PERM process without joining them?

Anyone,Anywhere - please help.its very frustrating.

Please advise-i will be very very grateful and thankful to you

thanks

GC for future employment

Nov 12th 2011
Hi All,

I am a victim of unfair so called 'Company Policy' where I have a B.E(4 years)+M.S(US Univ 2 Years)+8 Years of work experience yet my company filed GC in EB3.(citing reasons like-This position does not require Masters and other people working in this position are high school graduates or associate degree or even without college degree)i did verify the job requirement with manager and it did turn out that the position did require bachelor+5 years of work experience.i think the company filed in EB3 because they dont want me to get green card and also dont want to invite audit or dont want to be company that helps immigrants get green card.(which is very unfair actually)I came here 10 years ago ,worked hard,did master's legally.when the company post the job opening they will list 100 job requirements,when it comes to sponsoring H1B - they will list 100 qualities(including Master's)but when it comes to sponsoring green card ,they will list only bachelor+2 years.What kind of justice is this?

My manager has tried to help me but even his hands are tied.there is only so much he can do.

so anyways-after getting frustrated for 2 years and talking to attorneys and reading on forums

I found that I can upgrade to EB2 keeping old PD by refiling PERM in EB2 with another employer.the only caveat is - if my current employer revokes or withdraws i 140 then i stand to lose old priority date(10% risk).the attorney then advised that i file for PERM in EB2,get I 140 approved,port the date to new I 140 and then transfer H1B to new employer-which becomes case of future gc sponsorship.

It so happens that there are not many company who will wait for PERM to approve without joining them after successful interview.

I am writing in this forum hoping someone will help me.

Are there any companies who are willing to initiate the PERM process without joining them?

Anyone,Anywhere - please help.its very frustrating.

Please advise-i will be very very grateful and thankful to you

thanks

EB 3 to EB2

Nov 11th 2011
Hi
We filed GC in 2003 in EB3, till now have not got it. WE have EAD, 140 approved. 485 still pending. Now my husband filed for Eb 3- Eb2 and the attn is saying that Labor should be processed. please can someone elaborate the process. has anyone successfully changed from eb 3 to eb 2 ?
How long it takes ?

EB 3 to EB2

Nov 11th 2011
Hi
We filed GC in 2003 in EB3, till now have not got it. WE have EAD, 140 approved. 485 still pending. Now my husband filed for Eb 3- Eb2 and the attn is saying that Labor should be processed. please can someone elaborate the process. has anyone successfully changed from eb 3 to eb 2 ?
How long it takes ?

PERM thread

Oct 11th 2011
Hi Folks,

I notice that this forum is practically empty. No threads on PERM - am I in the right forum? If not could someone direct me to the right place. My company is working on pre-documentation work for PERM and I wanted to check the forum to get an idea on what is involved. Also given the economy, to gauge success of PERM applications by reading the threads.
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