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  #1 (permalink)  
Old 03-19-2009, 12:48 PM
Donor
Priority Date
:
May-08
Category
:
EB2
I140 Mailed Date
:
12/18/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/03/2012
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Join Date: Aug 2008
Posts: 140
looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute
Unhappy 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
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  #2 (permalink)  
Old 03-19-2009, 01:07 PM
Senior Member
Priority Date
:
Sep-02
Category
:
EB2
I140 Mailed Date
:
05/28/2003
Chargeability
:
India
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Mar 2009
Posts: 353
Blog Entries: 1
number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future number30 has a brilliant future
Default

Quote:
Originally Posted by looneytunezez View Post
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.
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  #3 (permalink)  
Old 03-19-2009, 01:34 PM
Donor
Priority Date
:
May-08
Category
:
EB2
I140 Mailed Date
:
12/18/2008
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
01/03/2012
Compare
Join Date: Aug 2008
Posts: 140
looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute looneytunezez has a reputation beyond repute
Default Thanks, but further clarification

Quote:
Originally Posted by number30 View Post
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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