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rocky123
05-01-2007, 10:31 PM
I complete 6 yrs on H1-B in August, 2007

Have PERM/I-140 approved with 3 yr H1B extension from August 2007 to Feb 2010.

Have a good job offer from company B, but seek your clarifications before I move further.

a. If I move now, can I take my 3 yr extension filed by company A with me or

b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?

Kindly help me out.

I am not worried abt porting the PD as I don't mind waiting on H1 forever as the wait for GC
is making my life miserable.

Thanks

royus77
05-02-2007, 12:41 PM
I am in the same boat .I found a new job after my employer fired me ( Still in 1 month notice period) . Later he found another position and asking me to continue. He may not give me the 1 140 if i leave him

mikrupee
05-02-2007, 12:58 PM
I am in similar situation.
I checked with the lawyer. They confirmed that it should notbe a problem. if you change employer you will have to have H1B tranfered to new Company.

I am thinking to change cannot continue hoping for GC and EAD

Take advice from Laywer

nk2006
05-02-2007, 01:03 PM
a. If I move now, can I take my 3 yr extension filed by company A with me or


I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.


b. should I join company B in September 2007( when I complete 6 yrs) during the 3 yr H1B extension period ?
I think you can join the company immediately. To be in safe side you can apply for transfer in premium.

As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).

little_willy
05-02-2007, 01:56 PM
I am in a similar situation. I was offered the job but was later declined in a top 5 fortune company because of this scenario. My 6-yr H1 ends on Sep 2007 and I have a 3-yr extension based on approved I-140 with current employer till Sep 2010. The company attorney that initially offered me the job reasoned that this is a grey area and they are not willing to take the risk. So, bottomline is different immigration lawyers have different opinion on this matter. It is a case of how you read the grey print.

Can someone point me to any document under AC21 that clearly states this is allowed. If possible, i will try to convince them, but i don't have anything to validate my point at this moment.

whattodo
05-02-2007, 02:30 PM
What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?

I think you can get the extension with new company too. While applying for the transfer request extension upto Feb 2010. You might have to provide the I140 approval again to prove that you are eligible for 3-year extension.


I think you can join the company immediately. To be in safe side you can apply for transfer in premium.

As you might be aware there is no such thing as H1B transfer - every h1b application is a new one for that company and you as beneficeiry. So when applying for H1B with new company - you have to provide evidence that you are eligible for the H1B. The evidence is to show you are already on H1B (so that you are not subject to annual cap); and that you have enough time on H1B if you already completed 6 years then evidence to prove that you are eligible for further extension of h1b. So in short yes you can get 3 years with new employer. (NOTE: I am not lawyer this is my understanding based on various sources; I am also considering moving after my i140 is approved).

little_willy
05-02-2007, 02:51 PM
YES. You can. I know atleast 2 of my colleagues doing this. They got 3-year extension with new employer even when more than 6 months are left in the initial 6 years of H1. This won't be an issue.

What if 6 months are left before my 6 years of H1B expires? Can I still get 3 years extension based on approved I-140 from another company?

rocky123
05-02-2007, 09:25 PM
Little_willy,

How could your friends get the 3 yr extension in their new company. Did they show their I-140 approval copy from previous company ?

In my situation, I don't think I can get the I-140 approval copy from my company.

So, can I move now before my 6 yr period ends in August and have company B transfer my H1B till 2010 (based on current + 3 yr I-797 copies) or wait till August when my 3 yr extension till 2010 takes effect ?

Thanks

little_willy
05-02-2007, 10:41 PM
Little_willy,
How could your friends get the 3 yr extension in their new company. Did they show their I-140 approval copy from previous company ?
Thanks

Yes, you do need the I-140 approval from your current employer. We contacted the lawyer directly and obtained all the relevant documents, told them we need for our records. Employer never got involved in this. Hope you can get the approval copy. All the best.