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  #1 (permalink)  
Old 05-15-2012, 11:22 AM
Junior Member
Priority Date
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Apr-07
Category
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EB3
I140 Mailed Date
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Chargeability
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Join Date: Aug 2007
Posts: 4
singhraj is on a distinguished road
Default Will H1 extension (8th year) be void after I-140 is cancelled from previous employer?

Hi there,
I'm getting mixed responses on my concern mentioned below ...

I'm in 8th year of my H1-b.

I was with Employer A, had my Labor & I-140 approved (April 2011), left the company in March 2012. The situation now is Employer A has cancelled my I-140.

Employer B filed for H1 extension, got an approval till March 2015.
Employer B will be filing my Labor all over again (not sure whether I'll be able to retain the Priority date of April 2010 as Employer A has cancelled my I-140).

As you know my previous Employer A has cancelled my I-140 & I'm in my 8th year of H1.

Will my H1-b become void as my Labor has NOT yet been filed with my current Employer B (under process - advertisement) & my I-140 has also been cancelled as the basis of H1 extension after 6 years is active LC, I-140 or 485 ?

Please advise ...

Regards
Raj
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  #2 (permalink)  
Old 05-15-2012, 01:13 PM
Junior Member
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I140 Mailed Date
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Chargeability
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I485 Mailed Date
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Join Date: Aug 2007
Posts: 4
singhraj is on a distinguished road
Default H1-b extension is good even after I-140 is cancelled

This is what i received from my Company's attorney.

Validity of post-sixth year H1B status after an I-140 is withdrawn

In short H1-b extension should be good post 6th year as far you get I-140 approved before your H1-b expires (7th, 8th or 9th year)

Hope this helps to folks in similar situation to mine...

Thanks
Raj
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  #3 (permalink)  
Old 05-15-2012, 01:15 PM
Junior Member
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I140 Mailed Date
:
Chargeability
:
Processing Stage
:
Labor Certification
I485 Mailed Date
:
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Join Date: Aug 2007
Posts: 4
singhraj is on a distinguished road
Default H1-b extension is good even after I-140 is cancelled

Apologies, here is the link

Validity of post-sixth year H1B status after an I-140 is withdrawn

Thanks
Raj
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