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if I140 approved, changing employer (moving to my client), H1B transfer status

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  • if I140 approved, changing employer (moving to my client), H1B transfer status

    My H1b get maxout on January 2016. My I140 is in progress and I am planning to convert it to premium. My current employer is also fine for contract to hire, so i don't think they will revoke my i140.

    If i get my I140 approved with in 10 days and I move to a new employer - current client (transferring my H1b visa), with good client letter, do i get H1b visa valid for 3 years?

    If i get H1b only valid till January 2016 after H1b transfer and my new employer applied for labor and I140 immediately, Can I get my visa extension after maxout period?

  • #2
    Originally posted by Rajesh358 View Post
    My H1b get maxout on January 2016. My I140 is in progress and I am planning to convert it to premium. My current employer is also fine for contract to hire, so i don't think they will revoke my i140.

    If i get my I140 approved with in 10 days and I move to a new employer - current client (transferring my H1b visa), with good client letter, do i get H1b visa valid for 3 years?

    If i get H1b only valid till January 2016 after H1b transfer and my new employer applied for labor and I140 immediately, Can I get my visa extension after maxout period?
    Normally people go for 3 Year extension with the employer whose I140 has already been approved, and then subsequently ask next employer to file a cap exempt petition. Its a myth that merely having an I140 approved gets one 3 Years extension on H1. H1 extension still needs to go through the process of LCA, and the validity of employment for the duration requested for. If your next employer can show work for you for the next 3 Years through suitable work orders/SOW/client letters and your existing I140 has not been revoked by the current employer then yes, there is apossiblity of 3 Year extension.

    The basis of getting H1 beyond Max out period is A. Either PERM pending for more than 365 days Or, B. I140 approved, so even if the next employer applies for labor, they can apply for I140 only after labor has been approved which may take its own time, its obvious that the new labor would not be 365 days old by Jan 2016, so your best bet is to get the new I140 approved by Jan 2016 with the new employer.

    This is my opinion not legal advice.

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