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Laid off I-140 approved, please help

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  • Laid off I-140 approved, please help

    I am in 4th year of H1B visa and was working. My employer was processing GC in EB2. The Immigration petition I-140 filed by my current employer is approved on August, 2008. I could not file change of status (I-485) because of retrogression.

    Now my employer given me a notice of layoff and asked to look for new job, I am still in their payroll, and will remain till end of December 2008. Current employer is NOT going to cancel my H1 or I-140.

    6th year in my H1 ending on 10/31/2010 (31st Oct, 2010); have 1 year 11 months in H1.

    Now I got a similar new job and the new employer asking if I have 3 years in my H1B. It is their policy to hire H1B employee only if they have 3 years in H1. But I have 1 year 11 months. Now I heard that H1 can be extended beyond 6 years if applied for I-140. I have an approved 1-40 and have copy of approval notice.

    My question is how I can convince my new employer that my H1 can be extendable to 3+ years from now?

    1) A simple H1 transfer application from new employer with the I-140 approval notice copy will extend my H1 to 7th Year?
    2) H1 transfer application from new employer along with an extension application (I-129) with I-140 approval from previous employer will give me 7th year in H1?
    3) It is not possible to have 7th year extension at this point?

    Please let me know if any one is aware which is correct? Also please let me know if you advice me to contact a lawyer, give me the contact I am ready to pay to know the exact correct answer quickly.


  • #2
    You can use the approved I140 from your ex-employer to request a 3 year H1b extension for a new employer. I know this information for sure as a close friend of mine did this and he got 3 years H1b extension. Only catch is the new employer has to re-start the GC process from Labor but capture your PD from your old labor.

    1. It will extend for 3 years. Check with your lawyer as it may involve first completing the 6 years of the H1b and then renewing it for another 3 years. I would think the new company can get the H1b for 3 years straight. Get it done ASAP. If your PD is current, you will be toast as 3 year extension is not allowed. Go for premium processing on the H1b. If it is needed that you complete the 11 months first before you can extend the H1b by 3 more years, your situation will be risky if the PD becomes current in the next 11 months. In that case you would need to have both the labor and I140 approved by the new company before the end of these 11 months to seek any extension in H1b period.

    A consultation with an experienced attorney is the best solution for now.

    2. Possible. Read #1.

    3. #1 again.
    Last edited by txh1b; 12-08-2008, 11:15 AM.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.