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Unique Case:Is employer change possible for me on 8th year H-1B

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  • Unique Case:Is employer change possible for me on 8th year H-1B

    Hi,
    I am in trouble and running out of luck. Looking for suggestions & options from gurus here; Here is my case detail :
    --------------------------------------
    Priority Date : April'2009 in EB3 category India
    I-140 approved On : Nov'2011
    I-485 : Not applied due to priority date not current for EB3.
    H-1B : 8th year extension got approved just now in April'2012. It is valid from April'2012 till April'2013 (Not sure why Vermont Service Center granted only 1 year extension even with approved I-140 !)
    --------------------------------------
    I was expecting 3 years H-1B extension this time due to approved I-140 & direct Employer-Client relationship but I only got 1year. I have the I-140 receipt number from current employer. I intend to join future employer only after approval of H-1B transfer.

    My Questions :
    ===========
    1> If I change my employer now to avail green card sponsorship in EB2 (to eventually port my EB3 PD to EB2) and attempt to transfer my H-1B, then will USCIS approve the H-1B transfer only for 1 year until April'2013 or will it be for 3 years?
    2> If USCIS approves the H-1B transfer for 1 year only until April'2013 then how can my future employer get me further H-1B extension beyond April'2013 ?
    3> Can I choose NOT to join Company B (future employer) if I see that H-1B transfer is granted only till April'2013 by USCIS ? Will I be in valid status with Company A (current employer) if I continue to work for them even after H-1B transfer is approved with Company B ?

    I heard that H-1B extension beyond 7th year is possible under rule AC(21) only if PERM is pending for more than 365 days.
    My current employer is unlikely to revoke my I-140 so there is NOT much risk.
    What are my options available ?

    Thank you for taking time out of your busy schedule and reading through my questions and providing solutions.

    Regards,
    Rab

  • #2
    1> If I change my employer now to avail green card sponsorship in EB2 (to eventually port my EB3 PD to EB2) and attempt to transfer my H-1B, then will USCIS approve the H-1B transfer only for 1 year until April'2013 or will it be for 3 years?
    >>> You are eligible to get upto 3 years based on the approved I-140 with the current employer. But USCIS can approved the transfer for a lesser duration based on the project plan provided by the new employer. It is pretty common these days to NOT get approval for 3 years in a stretch.

    2> If USCIS approves the H-1B transfer for 1 year only until April'2013 then how can my future employer get me further H-1B extension beyond April'2013 ?
    >>> It is not advisable to join the new employer with just 1 year extension. Join them only if the extension is approved for more than a year with enough time to file PERM with the new employer (365 days ahead of the petition expiry date). If you join them with 1 year extension, then both PERM and I-140 from the new employer should get approved for you to file further extensions through that employer.

    3> Can I choose NOT to join Company B (future employer) if I see that H-1B transfer is granted only till April'2013 by USCIS ?
    >>> Yes.

    Will I be in valid status with Company A (current employer) if I continue to work for them even after H-1B transfer is approved with Company B ?
    >>> Yes.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      Originally posted by whileloop View Post
      Hi,
      I am in trouble and running out of luck. Looking for suggestions & options from gurus here; Here is my case detail :
      --------------------------------------
      Priority Date : April'2009 in EB3 category India
      I-140 approved On : Nov'2011
      I-485 : Not applied due to priority date not current for EB3.
      H-1B : 8th year extension got approved just now in April'2012. It is valid from April'2012 till April'2013 (Not sure why Vermont Service Center granted only 1 year extension even with approved I-140 !)
      --------------------------------------
      I was expecting 3 years H-1B extension this time due to approved I-140 & direct Employer-Client relationship but I only got 1year. I have the I-140 receipt number from current employer. I intend to join future employer only after approval of H-1B transfer.

      My Questions :
      ===========
      1> If I change my employer now to avail green card sponsorship in EB2 (to eventually port my EB3 PD to EB2) and attempt to transfer my H-1B, then will USCIS approve the H-1B transfer only for 1 year until April'2013 or will it be for 3 years?
      2> If USCIS approves the H-1B transfer for 1 year only until April'2013 then how can my future employer get me further H-1B extension beyond April'2013 ?
      3> Can I choose NOT to join Company B (future employer) if I see that H-1B transfer is granted only till April'2013 by USCIS ? Will I be in valid status with Company A (current employer) if I continue to work for them even after H-1B transfer is approved with Company B ?

      I heard that H-1B extension beyond 7th year is possible under rule AC(21) only if PERM is pending for more than 365 days.
      My current employer is unlikely to revoke my I-140 so there is NOT much risk.
      What are my options available ?

      Thank you for taking time out of your busy schedule and reading through my questions and providing solutions.

      Regards,
      Rab

      Hi whileloop,

      I am in a similar situation as your case was but i did change my employer. My H1 was extended with the new employer only for a year with the approved 140 . I am pretty sure i cant get another PERM approved within an year.

      I am hoping that the 140 is not revoked by the old employer, So i can extend it further.

      What is your current situation now ? Are you able to further extend your H1 ? did you change employer ?

      Comment

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