H1B Extension (I-140 Approved) Beyond 6 Yrs.

[abisen]

Hi,

My 6th year on H1B would be in Oct 2010. But I changed my job in April 06 and the 3 Year H1B, which I got is valid till April 2010.

This leaves 6months that I can further extend my H1B to. In the meantime I also have my I-140 approved, so the question is that when I file for my H1B extension will I get a 3 Year Extension or would I have to file for my extension twice first being 6 months, and then again for 3 Years (as my priority dates are not current).

Second question is that is it possible to change my employers while I am on a extension of my H1B (after the initial 6 years).

Regards

[memyselfandus]

Originally Posted by abisen

Hi,

My 6th year on H1B would be in Oct 2010. But I changed my job in April 06 and the 3 Year H1B, which I got is valid till April 2010.

This leaves 6months that I can further extend my H1B to. In the meantime I also have my I-140 approved, so the question is that when I file for my H1B extension will I get a 3 Year Extension or would I have to file for my extension twice first being 6 months, and then again for 3 Years (as my priority dates are not current).

Second question is that is it possible to change my employers while I am on a extension of my H1B (after the initial 6 years).

Regards

You can apply for three years of H1B extension; if your priority date is not current.

Yes. You can change employer while your extension is pending. Technically your new employer will start the H1B transfer; he will also have to apply a new GC as the GC is not transferrable unless your I-485 is filed and pending more than 180 days.

[morchu]

Every time you file the extension, the conditions for "beyond 6years" H1 approval are checked again. So as long as you have an approved 140 at the time of the new extension filing and approval, you will get 3 years. That also means that if your 140 is revoked (and no other GC pending), even though you were approved for 6+3 before, the new extension will get rejected.

Originally Posted by abisen

Second question is that is it possible to change my employers while I am on a extension of my H1B (after the initial 6 years).

[Dakshini R. Sen]

Originally Posted by abisen

Hi,

My 6th year on H1B would be in Oct 2010. But I changed my job in April 06 and the 3 Year H1B, which I got is valid till April 2010.

This leaves 6months that I can further extend my H1B to. In the meantime I also have my I-140 approved, so the question is that when I file for my H1B extension will I get a 3 Year Extension or would I have to file for my extension twice first being 6 months, and then again for 3 Years (as my priority dates are not current).

Second question is that is it possible to change my employers while I am on a extension of my H1B (after the initial 6 years).

Regards

You can extend your H1-B for 3 years. Also, you can apply for a change of employer while you are on an H1-B extension.