job change labor in pending and reached 5 year in US Stay

My Situation:

Visa Type               Start Date                 End Date           Months         Days

L1 B                       9/9/2006                  10/12/2007          13.000            3
L1 B                       11/26/2007               2/23/2008             2.000          27
L1 B                        10/26/2008              2/28/2009             4.000            2
L1 B                        5/30/2009                9/17/2009             3.000          13
L1 B                        8/7/2010                  9/19/2012           25.000          12
H1 B                       2/15/2013                 1/2/2014             10.000           4


Total Stay in US 4 years 11 months. same employer all along

same employer filed Labour PERM Application in EB 3  priority date July 25 2012. current labour status pending with DOL.



1) For H1 term to max out 6 years will previous L1 period of stay is also considered? if so my six years be completed by 2015 February?

[b]Answer: [/b]

2) Does my current H1 extension I got just approved till January 2016 is based on pending PERM? like one remaining year from max 6 years and another one year from the PERM application pending more than 365 days?

	[b]Answer: [/b]
3) if I change employer now will I be given a visa for current H1 period i.e 2 years or will it be just available 1 year and I have to get PERM applied ASAP in the next company ASAP?

	[b]Answer: [/b]
4)If want to change job (ready to go thru the GC process again) after 140 is approved from current employer then how will I be given H1 for another company ( as I have maxed out 6 years from first employer) and  for how long? will I be still having enough time to get PERM initiated from another employer and get it 365 days older to continue the stay in US?

[b]Answer: [/b]


I would like to change employer now and most of the employers saying they can file GC only after one year of employment from them, its getting challenge to get jobs, so want to know what is the best option for me, whether to continue with same employer for another 10 years until I get GC  or can I take risk in changing the job now or after 140 approval? please help me in taking a right decesion. Hope to get a reply on this situation.
  1. Yes, L-1 time is counted towards the 6 year clock

  2. As PERM has been pending for more than 365 days, you can get H-1 for 7th year as well.

  3. You will get it for 1 year and PERM needs to be filed

  4. My understanding is that new employer can file for 3 year H-1 extension based on I-140 approval. They can file GC for you and you will be able to retain your priority date.