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Filing multiple extension with approved/revoked I-140

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  • Filing multiple extension with approved/revoked I-140

    Dear friends,

    I need a little help and your opinion here.

    BACKGROUND OF THE PROBLEM:

    I've exhausted my 6 years H1b quota. However, I have approved I-140 with my previous Employer A filed under EB-3 category. I see in USCIS site that employer has not yet revoked my I-140. But, that may change in future.

    After this, I accepted a full-time position with Employer B. They filed my extension using I-140 approval receipt. H1b with my current employer is approved up-to Dec, 2018.

    Due to 12+3 years education limit, new employer is also unable to create EB-2 position. Initially, I was planning to get education and later request employer to change the category to EB2 from EB3. However, Employer B said they will not change the category once one category is determined; even though you change internal position or get promoted.

    BASED UPON INFORMATION ABOVE...

    1. Is it true that starting January 2017, you can get H1b extension even using revoked I-140 from previous employer?

    2. Given that Employer B will not change the EB category later, can I postpone my GC filing for 1 1/2 years until I obtain masters degree? My understanding is that Employer B should be able to file another extension based upon currently approved/revoked I-140 to obtain another 3 years' extension.

    2. Let's say Employer B is not willing to file under EB2 even though I have masters degree since they do not have any open EB2 positions to match, can I switch my job to Employer C with approved/revoked I-140 from Employer A?

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