Legal Question in Immigration Law in Texas

My current employer has filed my PERM application before 365 days and it was denied and then its appealed. Now current status of PERM is in Progress. Based on this in progress PERM, i got 7th year H1B extension till 15 Feb 2014. Is it possible to transfer this H1 to new Employer? What documents new employer need while filling H1 transfer? I have a screen shot from DOL site which shows my application number, priority date and status. Is that sufficient?

Asked on 6/10/13, 11:14 am

1 Answer from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

Yes, you can "transfer" your H-1B. Keep in mind that if your current H-1B employer is the same petitioner for your PERM case, you risk them not going forward with your case if you leave their employ. Without an approved I-140, you won't be able to extend your H-1B again.

Since your new potential employer will probably hire an attorney to file the H-1B petition on your behalf, the attorney will know exactly what to do.

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Answered on 6/10/13, 7:30 pm

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