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View Full Version : H1 Transfer after 6 years with approved labor only which is less than 365 days old


dmitri
01-20-2012, 11:59 PM
Immigration Experts and Gurus,

This is my situation
Currently in 7th Year of H1B(beyond 6 Yrs)as of Jan 1 2012 with approved I 140 with Employer A
kindly advise if this is doable or not
Jan 1 2012-Apply for H1B transfer to Emp B(receive 3 Yrs based on approved I 140 of A)
Jan 15 2012-Emp C files PERM
May 15-2012-C's PERM approved
May 16-Transfer H1B to C based on his approved PERM only-IS THIS DOABLE?
(C wont file I 140 unless 2 Paystubs are generated thru C-which will need H1B transfer)
The tricky part is-PERM got approved in 3 months but it is not 365 days old.Is this PERM good for H1B transfer in 7th yr to Emp C?
The tricky part is-C wont file I 140 without H1B transfer and I will have already used benefit of I 140(Approved from A) when I transferred from B to A
Please advise
To summarise-
Can One Transfer H1B beyond 6'th year-lets say in the 7'th,8'th...year with an approved PERM ONLY from another employer which is NOT 365 days old?

saji007
01-21-2012, 09:38 AM
Transfer H1-B based on approved I-140 from A. IMy case was same. I did H1 transfer from B to C. I did not have an approved PERM from B. Used I-140 from A to transfer to C and got 3 year extension with the transfer

dmitri
01-21-2012, 10:43 AM
yeah the problem is-
by the time i try to transfer to C,A might revoke my I 140(FKIn Anti-Immigrants-A is a big fortune 500 company)