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Old 05-07-2009, 10:41 PM
Junior Member
Priority Date
:
Apr-08
Category
:
EB3
I140 Mailed Date
:
06/04/2008
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
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Join Date: Nov 2008
Posts: 4
crimzonthunder is on a distinguished road
Lightbulb I-140 and H1B

With Employer A - My 6th Year on H1B expires in Dec 2010. I-140 EB3 (Jun 2008) is waiting for approval at NSC, with no RFE's or anything yet (NSC currently processing Aug 2008). Not sure how long that wait is going to be...
Now A, gave me 30 days notice to find another job. Emp A also said that they are not going to revoke my I-140.
I am very close to getting hired by employer 'B' since then. But Emp B is reluctant to extend an offer and transfer H1B because emp B's attorney thinks that I might not be able to extend my H1B beyond Dec 2010, since my I-140 is not yet approved.
Emp B fears that they might not be able to file for a fresh PERM before Dec 2009 (1 yr prior to my H1B expiry).,due to the current economy, possibilities of rejection etc.
Emp B also fears that Emp A might revoke my I-140 petition as they are business competitors or it could be denied by USCIS (not sure why..but I have all proper supporting documents, if it comes down to that.)
Given this situation, If I can successfully transfer my H1B to Emp B, are there any options that would allow me extensions on my H1B beyond the 6th year?
I am trying to find reasonable arguments that I can present to Emp B so that they are not making a 'no-hire' decision looking 1.5 years into the future..

Thank you
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