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H1B Transfer, 6th Year PERM

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For Privacy, we have not included the Actual name of our Employee/Consultant.

PV is an H1B Consultant working in the United States for over 6 Years. He was working at a Large Insurance Client in NJ. When he got this Project, he moved from his MNC Employer to X Consulting Company to provide services via a Preferred Vendor.

He began providing service under H1B Portability Laws from the new Employer who filed his h1b extension. Unfortunately, his H1B Transfer/Extension was denied by the USCIS. He approached Infoway Software to file a New H1B Extension Petition.

Challenge # 1

We had to analyze his H1B Status and make sure he was still maintaining a Valid H1B Status; in-order to apply for an H1B Transfer. His I-94 was still valid from the previous employer.

Yes, we got it approved under Premium Processing in 3 Days with no RFE.

Challenge # 2

The Preferred Vendor was not willing to provide a direct contract, they asked us to work through his previous employer (Where the H1B was denied).

We explained the legalities related to enforcement of contracts in-respect to H1B workers, Consulting Companies in NJ, doing business in NJ as the Consultant was providing services in the State of NJ.

Finally, we got a Contract directly, which helped us pay more to the Consultant.

Challenge # 3

Now that PV is in the 6 th Year of H1B , he needed a PERM Labor to be processed to extend his H1B beyond the six year limit.

Aha! we did a timely process, while complying with regulations. We got the PERM certified by the USDOL and got the I-140 approved by the USCIS. We also extended his H1B for another 3 years. 

The Contract in NJ got over in 2008, and we placed him on a Long Term Project in Oregon for almost 2 Years now.