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  #1 (permalink)  
Old 12-24-2009, 08:50 PM
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clifford is on a distinguished road
Question h1 transfer after I140 approval

I am on h1b and my i140 is approved. My I94 expires in July which is 9 months short of 6 year stipulated on h1. I will need to apply for my third extension in Feb 2010. Can I change my employer after that and will this extension got on the basis of approved I140 will be valid after H1 transfer.

If the extension is not valid will I be able to claim remaining 9 months which I have not spent in US.

Regards,
Clif
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  #2 (permalink)  
Old 12-27-2009, 02:22 PM
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toughlifeinusawithoutgc is on a distinguished road
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I am waiting for my I140 approval... and may be in same situation after few months...Please advice...
thanks..
EB3 2008
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  #3 (permalink)  
Old 12-27-2009, 04:54 PM
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Jul-06
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08/01/2006
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meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute meridiani.planum has a reputation beyond repute
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Quote:
Originally Posted by clifford View Post
I am on h1b and my i140 is approved. My I94 expires in July which is 9 months short of 6 year stipulated on h1. I will need to apply for my third extension in Feb 2010. Can I change my employer after that and will this extension got on the basis of approved I140 will be valid after H1 transfer.

If the extension is not valid will I be able to claim remaining 9 months which I have not spent in US.

Regards,
Clif
yes you can claim the 9 months that you were not in the US.
yes, your I-140 is valid for a H1 transfer+extension to another employer. As long as I-140 is not revoked, it can be used for any number of H1 extensions. Once it is revoked, it becomes a grey area according to the law. USCIS has still been approving the extensions in that scenario till now, but thats a matter of policy and could change at some point. So once you transfer to a new employer (you'll get a 3 year extension) its a good idea to start another Labor there. You can in most cases also port your PD over from this old case.
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  #4 (permalink)  
Old 12-27-2009, 11:59 PM
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toughlifeinusawithoutgc is on a distinguished road
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Quote:
Originally Posted by meridiani.planum View Post
yes you can claim the 9 months that you were not in the US.
yes, your I-140 is valid for a H1 transfer+extension to another employer. As long as I-140 is not revoked, it can be used for any number of H1 extensions. Once it is revoked, it becomes a grey area according to the law. USCIS has still been approving the extensions in that scenario till now, but thats a matter of policy and could change at some point. So once you transfer to a new employer (you'll get a 3 year extension - very useful information) its a good idea to start another Labor there. You can in most cases also port your PD over from this old case.
Thanks for replying. What information I should keep handy from my current application, so when situation comes, I could port my priorty date. Please repy.
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