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looneytunezez 03-19-2009 12:48 PM

H1B transfer after 6th year, pending 140
 
Folks,

I am on my 6th year of H1B. My current H1 expires mid August 2009 (6 year+recapture).
My PERM was filed in May 2008 and was approved in Dec 2008.
My I-140 is applied and pending. I work for an american consulting company.
Naturally, I dont have an EAD as yet.

Based on my PERM approval and 365 day rule, I know I can extend my current H1 for 1 year.
(planning to do this ASAP).

Here is my question:

- My current client contract will get terminated soon. If my current GC sponsoring company decides to terminate my employment (due to project non-availability), can i transfer my extended H1B to another employer?

In other words, is an extension H1 (7th year and beyond) similar to regular H1 (first 6 years) in regards to invoke the "transfer" rule between eligible employers? or is it tied to GC sponsoring employer?

- By doing so, do I abandon my GC application (i think i will, but general clarification) ?

Any advise would be greatly appreciated,

LT

number30 03-19-2009 01:07 PM

Quote:

Originally Posted by looneytunezez (Post 327942)
Folks,

I am on my 6th year of H1B. My current H1 expires mid August 2009 (6 year+recapture).
My PERM was filed in May 2008 and was approved in Dec 2008.
My I-140 is applied and pending. I work for an american consulting company.
Naturally, I dont have an EAD as yet.

Based on my PERM approval and 365 day rule, I know I can extend my current H1 for 1 year.
(planning to do this ASAP).

Here is my question:

- My current client contract will get terminated soon. If my current GC sponsoring company decides to terminate my employment (due to project non-availability), can i transfer my extended H1B to another employer?

In other words, is an extension H1 (7th year and beyond) similar to regular H1 (first 6 years) in regards to invoke the "transfer" rule between eligible employers? or is it tied to GC sponsoring employer?

- By doing so, do I abandon my GC application (i think i will, but general clarification) ?

Any advise would be greatly appreciated,

LT

You are allowed to di that. But you can also use the premium processing of I-140 which can get you three years H1 extension.

looneytunezez 03-19-2009 01:34 PM

Thanks, but further clarification
 
Quote:

Originally Posted by number30 (Post 327952)
You are allowed to di that. But you can also use the premium processing of I-140 which can get you three years H1 extension.

Thanks for your response.

But i thought that premium processing for I140 is for folks whose H1 expires soon and they dont qualify for one-year extension based on 365 day rule. I do qualify for that.


So to clarify, I am allowed to transfer my "extension" H1B beyond 6 years or does that require an valid I-140 approval which isnt withdrawn?


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