H1B Renewal: PERM Timing and I-140 Considerations

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Key Takeaways:

Understanding H1B renewals is crucial; six-year cap continues despite changing employers; Green Card process linkage is essential.
Approved I-140 aids H1B extensions; prior approval with old employer may support future visa changes.
Starting a new PERM with a new employer strengthens future residency cases; strategic planning is vital for visa transitions.

When embarking on a journey through the U.S. immigration system, understanding the intricacies of H1B visa renewals, the Permanent Labor Certification (PERM) process, and the importance of the I-140 petition becomes paramount. This post aims to navigate through these waters, offering clarity and actionable advice for those looking to maintain their work visa or progress towards permanent residency.

What’s the H1B Renewal Process?

H1B Renewal: PERM Timing and I-140 Considerations

The H1B visa, a gateway for skilled workers to be employed in the U.S., comes with a validity period of up to six years. However, it’s essential to note the process doesn’t reset with a change of employers. For instance, if you started your H1B visa period on October 1, 2021, and switch companies, this six-year cap continues to count down regardless.

Given this progression, if your H1B started in 2021 and you’re planning to stay beyond its expiration with company B in 2026, understanding the renewal process becomes crucial. Typically, you can extend your H1B visa beyond six years if you’ve started the Green Card process, specifically by having an approved I-140 petition or being at a certain stage in the PERM process by the end of your fifth H1B year.

The Role of I-140 in the H1B Renewal

A pertinent question arises: “Do I need to initiate a new PERM or Green Card process with my new employer if I already have an approved I-140 petition with my previous employer?” The simple answer is, not necessarily. An approved I-140 petition demonstrates that you are the beneficiary of an approved immigration petition by USCIS, essential for H1B extension beyond six years.

In fact, as noted from a real-life example, if the I-140 was approved while employed with company A, with a validity from October 1, 2021, to August 14, 2024, in both EB-2 and EB-3 categories, and you switched to company B in 2023, the approved I-140 still plays a role. Considering company A’s policy to never revoke an I-140, if it remains unrevoked (which can be checked on the USCIS Case Status Online), it could potentially support H1B extensions or changes with future employers.

Should Company B Initiate a New PERM?

Upon joining a new employer, considering whether to initiate a new PERM process or rely on the previous I-140 approval is a common dilemma. If company B has not started the PERM/Green Card process, and your goal is to extend your stay or adjust status in the future, starting a fresh PERM with company B is worth considering, particularly to back up your employment and residency intentions securely. This step is especially crucial if there’s any risk of the former employer revoking the approved I-140 or if you seek to adjust your status without any hindrances.

Initiating the PERM process with your current employer doesn’t invalidate your existing I-140; instead, it strengthens your case for future residency applications. It signals to USCIS your continuous employment and intent to pursue permanent residency in the U.S., potentially under a different or improved category.

Transitioning Between Employers and Visa Implications

Switching jobs on an H1B visa involves strategic planning, especially concerning timeline and immigration status. It’s vital to ensure that each move contributes towards your long-term goal, be it extended stay, permanent residency, or both. A critical factor in this planning involves understanding the start and expiration dates of your H1B validity with each employer and how these play into the six-year limit.

In the example discussed, the transition from company A (with H1B validity from October 1, 2021, to August 14, 2024) to company B (with H1B validity from April 10, 2023, to April 9, 2026), while keeping the I-140 petition approved, is a smart move ensuring continued eligibility for H1B renewals and potentially permanent residency.

Conclusion

The journey through U.S. immigration policies, especially around H1B renewals, the PERM process, and the importance of the I-140 petition, can seem daunting. However, with careful planning and a clear understanding of how each piece fits into the broader puzzle, maintaining legal employment status and progressing towards permanent residency can be achievable goals.

Remember, every immigration case is unique, with its own set of circumstances and challenges. Therefore, consulting with an experienced immigration attorney or advisor to navigate these waters can provide tailored advice and peace of mind throughout this complex process.

This Article In A Nutshell:

Navigating U.S. immigration and H1B visa renewals requires understanding the PERM process and I-140 petition importance. If extending your H1B beyond six years, having an approved I-140 or PERM process underway is vital. Transitioning to a new employer may involve PERM initiation. Each move should align with long-term residency goals.
— By VisaVerge.com