Anil,
I am currently in H1B, 6 year ends Aug 2020 and my employer has started GC process perm pending. I got another FTE offer but if I switch now, GC process needs to be started from beginning? As perm needs to be applied 365 days before expiration, is it advisable to make a switch now or wait until i140 approved from old employer?
Thanks in advance
Yes, the PERM has to be refiled again if you change employer now.
The chances are low that new employer would be able to file PERM for you before Aug 2019.
You can also file h1B 7th year extension if the i140 is approved. If the PERM is filed in Aug 2019, the chances are good that you get i140 before Aug 2020.
Talk to your new employer to know if they will start your GC process immediately or not.
Thank you Anil for your quick response, can they start GC process before the transfer?
My H1B transfer has not been initiated yet, new employer says they will start GC process as soon as H1B is transferred but that would further delay the process and might not be able to file PERM in Aug 2019. What would be an option? time re-capture or wait for i140 from old emp.
Thanks again!
Legally, PERM can be filed anytime. But, the employer generally will not start it as they want employee to stick with them and GC is one of those carrots.
Time recapture is one of the option if you do not qualify for 7th year extension due to less than 365 day PERM requirement.