anishtulsian
02-01-2012, 01:01 PM
I am in the 7th year of H1B. Before the expiration of 6th year (on Nov. 10, 2011), I had an approved I-140. So, I was expecting a 3 year extension (7th, 8th and 9th) on H1B. But, I got got only 1 year extension.
Q1:Since I am in the 7th year of H1B which is valid till Nov. 9, 2012, now if I switch employers, transfer my H1b to my new employer which also gets an expiration date of Nov. 9, 2012, my new employer files a new Labor/PERM before my H1B expiration date of Nov. 9, 2012, an RFE comes on the labor/PERM or the Labor/PERM is under process and no decision made on it, my present employer revokes my existing I-140, would my new employer be able to get an H1B extension beyond Nov. 9, 2012?
Q2: In the above scenario, what if my present employer does not cancel my existing I-140, would my new employer be able to get an H1B extension beyond Nov. 9, 2012?
Q1:Since I am in the 7th year of H1B which is valid till Nov. 9, 2012, now if I switch employers, transfer my H1b to my new employer which also gets an expiration date of Nov. 9, 2012, my new employer files a new Labor/PERM before my H1B expiration date of Nov. 9, 2012, an RFE comes on the labor/PERM or the Labor/PERM is under process and no decision made on it, my present employer revokes my existing I-140, would my new employer be able to get an H1B extension beyond Nov. 9, 2012?
Q2: In the above scenario, what if my present employer does not cancel my existing I-140, would my new employer be able to get an H1B extension beyond Nov. 9, 2012?