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Hello forum,
Firstly, i have read a lot of stuff here and educated myself to quite an extent. Thanks for all the help! While my query might seem repetitive, I could not find a definitive answer to my situation on these forums - apologies if I have overlooked (and please point me to a previous thread where this is discussed).
I am in the 7th year of H1b. My H1b expires on jun/8/2012 (~16 months). My LC and I140 have been approved in EB3 category with my current employer A. Now, I intend to quit employer A and take up a job with employer B. I understand that the GC process has to be restarted from scratch by employer B with the option of me being able to keep the priority date from the current GC application process.
Considering that it might take another 2 months before I can join B, they will be able to start the new GC application only in may/2012. So, as my h1b expiration nears, the GC application with employer B could be in one of these states - (a) LC pending, (b) LC approved and I-140 pending, (c) both LC and I-140 approved.
My question is - Do I have enough time to qualify for H1b extensions for each of the cases listed above? What is the law with regards h1b extensions for each of the above cases? I gather that if LC is pending, it should be pending for over 365 days to qualify for extensions (1 year). Case c is of course straight forward and I should be able to apply for h1b extension without issues, should I find myself here (3 yrs). What about case b above?
Also, can i get h1b extension in company B by using approved i140 from company A? If yes, are there any risks involved in this process?
thanks
conf_user
Firstly, i have read a lot of stuff here and educated myself to quite an extent. Thanks for all the help! While my query might seem repetitive, I could not find a definitive answer to my situation on these forums - apologies if I have overlooked (and please point me to a previous thread where this is discussed).
I am in the 7th year of H1b. My H1b expires on jun/8/2012 (~16 months). My LC and I140 have been approved in EB3 category with my current employer A. Now, I intend to quit employer A and take up a job with employer B. I understand that the GC process has to be restarted from scratch by employer B with the option of me being able to keep the priority date from the current GC application process.
Considering that it might take another 2 months before I can join B, they will be able to start the new GC application only in may/2012. So, as my h1b expiration nears, the GC application with employer B could be in one of these states - (a) LC pending, (b) LC approved and I-140 pending, (c) both LC and I-140 approved.
My question is - Do I have enough time to qualify for H1b extensions for each of the cases listed above? What is the law with regards h1b extensions for each of the above cases? I gather that if LC is pending, it should be pending for over 365 days to qualify for extensions (1 year). Case c is of course straight forward and I should be able to apply for h1b extension without issues, should I find myself here (3 yrs). What about case b above?
Also, can i get h1b extension in company B by using approved i140 from company A? If yes, are there any risks involved in this process?
thanks
conf_user
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