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supers789
07-18-2008, 05:10 PM
I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.

Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.

Thanks!

pointlesswait
07-18-2008, 05:55 PM
you could have applied for h1 extension with the old employer and got 3 years extension...

since you changed your job..and you have less than 1 year of time left for yoru 6 years of h1 to expire..i am sorry mate ..looks like you cannot get h1 extension..(as ur new labor PD) shoudl be atleast 1 year old...get my drift..

> you shoudl have got ur h1 extended and changed your job
> or u shoudl have started ur GC process atleast 1 year before the 6 year expires..


gurus..shed some light!

gatec77
07-18-2008, 06:19 PM
Since his i140 is approved he should be eligible for H1B 3 yrs extension. I think it does not matter even if has changed employer.

meridiani.planum
07-18-2008, 11:37 PM
I have i140 approved from previous employer with PD Nov 2005 (which became current with Aug bulletin). New employer has not yet started GC and my 6 years of H1B are getting over in next 6 months.

Can I get 1 year h1B extension based on the fact that I have i140 approved. Please note that its approved with old employer and I cannot file 485 with him.

Thanks!

yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)

nogc_noproblem
07-19-2008, 12:10 AM
I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.

After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).

I have EAD and AP but wondering why I can not transfer H1B?

I am getting different opinion for the above scenario; can somebody shed some light? Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140. Somebody else said I can transfer until my 6 year period but not beyond to that? Others said no matter what I can transfer my H1b to any employer. I am confused, please help.


yes you can. Since your PD is >365 days old. It does not matter that the I-140 was from a different employer, its important that its not been revoked until now. You dont need any active support from that employer (no verification letter etc). Just some proof of your PD being >365 days old, and an I-140 approved for that labor. (copy of I-140 approval notice perhaps)

nogc_noproblem
07-19-2008, 01:01 AM
Bump >>>>>>

wandmaker
07-19-2008, 04:20 AM
I have a question, I am working with my GC sponsoring employer, filed I485 during July '07. My I-140 approved during 2007. My company has applied for H1B extension (for 3 years based on approved I140) recently. Please note that this 3 year extension will stretch beyond my 6 year (H1B) period.

+ You will receive a 3 year extension only if the PD is retrogessed otherwise it will be upto your end of 6 years period. I assume this is a non-cap H1B extension of stay

After the approval for 3 years, can I transfer the H1B to another employer? Since this extension is based on approved I140, is it legal to transfer that H1B to a different employer? (I have used the terms ‘extension’ and ‘transfer’ just for understanding purpose. I am aware that I will be getting new H1B (non-cap) every time).

++ Your new employer should be non-cap company otherwise H1B transfer is not possible - If they are non-cap then your new employer can file a transfer and (a) request for validity of 3 years from the date of filing of H1B transfer filed as long as you have an approved 140 and it is not revoked by your previous employer and your PD is not current OR (b) request for the validity with the end date of last approved H1B - Most employer(s) will choose option b, to keep it simple

I have EAD and AP but wondering why I can not transfer H1B?

+++ When you have an option to move to a new employer on H1B then why not

Those who said it is not possible pointed that this 3 year extension is employer specific since it is based on approved 1140.

+++++ Not true

Somebody else said I can transfer until my 6 year period but not beyond to that?

++++++ Not true, see "++"

Others said no matter what I can transfer my H1b to any employer.

+++++++ True

I am confused, please help.

++++++++ Dont get confused by the hearsay, check with any attorney - s/he will be of my opinion. If your hear a different opinion from the immigration attorney(s), please update - it will help many

Hope this helps :)

nogc_noproblem
07-19-2008, 04:53 AM
Wow, the best reply I ever got on this subject. Thanks a lot.


Hope this helps :)