Extension of H1B after 6 years

[erudite]

Hello Guys,

I have past 9 years of H1B (as of 2017), my H1B was extended for 3 more years (until 2020) this year because I have a valid I-140. However, I lost my job just a week after my H1B was approved. So assuming I find a new job within 2 months, if the I-797 is transferred to the new company will I still get 3 years?

Assuming that is the case, when it is 2020, at that point, do I need to have my Labor/PERM and approved I-140 before it can be renewed again in 2020 for 3 years. What if for some reason when it comes to 2020, I have not had a chance to file my I-140 with my new company?

[texas_ranger]

Hello Guys,

I have past 9 years of H1B (as of 2017), my H1B was extended for 3 more years (until 2020) this year because I have a valid I-140. However, I lost my job just a week after my H1B was approved. So assuming I find a new job within 2 months, if the I-797 is transferred to the new company will I still get 3 years?

Assuming that is the case, when it is 2020, at that point, do I need to have my Labor/PERM and approved I-140 before it can be renewed again in 2020 for 3 years. What if for some reason when it comes to 2020, I have not had a chance to file my I-140 with my new company?

Yes you need to have approved I140 at the time of pending extension.

[raghvi]

Hello Guys,

I have past 9 years of H1B (as of 2017), my H1B was extended for 3 more years (until 2020) this year because I have a valid I-140. However, I lost my job just a week after my H1B was approved. So assuming I find a new job within 2 months, if the I-797 is transferred to the new company will I still get 3 years?

Assuming that is the case, when it is 2020, at that point, do I need to have my Labor/PERM and approved I-140 before it can be renewed again in 2020 for 3 years. What if for some reason when it comes to 2020, I have not had a chance to file my I-140 with my new company?

I140 and I797 are two different things. An approved I140 allows you to extend your I797 by a max 3 Years. Now, you will not get 3 Years I797 extension by default, it will depend upon the time requested in the I129 (filed by your employer to extend your H1 and get I797) and supporting documents.

Once you get the new I797 for the new employer the date of 2020 for current employer's I797 does not hold much significance (unless you plan to rejoin them in the future between now and 2020).

Yes, as you near your priority date becoming current, you would eventually need an approved I140 and permanent job position associated with it for the employer willing to file I485 for you.

This is my opinion not legal advice.