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Old 03-17-2009, 09:59 PM
Donor
Priority Date
:
May-08
Category
:
EB2
I140 Mailed Date
:
12/18/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Aug 2008
Posts: 67
looneytunezez is just really nice looneytunezez is just really nice looneytunezez is just really nice looneytunezez is just really nice looneytunezez is just really nice
Unhappy H1B transfer after 6th year, w/o EAD

Folks,

I am on my 6th year of H1B. My current H1 expires mid August 2009.
My PERM was filed in May 2008 and was approved in Dec 2008.
My I-140 is applied and pending. I work for an american consulting company.
Naturally, I dont have an EAD as yet.

Based on my PERM approval and 365 day rule, I know I can extend my current H1 for 1 year.
(planning to do this ASAP).

Here is my question:

- My current client contract will get terminated soon. If my current GC sponsoring company decides to terminate my employment (due to project non-availability), can i transfer my extended H1B to another employer?

In other words, is an extension H1 (7th year and beyond) similar to regular H1 (first 6 years) in regards to invoke the "transfer" rule between eligible employers? or is it tied to GC sponsoring employer?

- By doing so, do I abandon my GC application (i think i will, but general clarification) ?

Any advise would be greatly appreciated,

LT

Last edited by looneytunezez; 03-18-2009 at 06:31 PM.
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