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H1B transfer on an approved I140

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  • H1B transfer on an approved I140

    ..
    Last edited by ppn; 11-04-2015, 07:31 PM.

  • #2
    Yes.

    Originally posted by ppn View Post
    1) Can employer B file a transfer and request an extension at the same time based on my approved I140 (from EmployerA)
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      H1B transfer on an approved I140

      Hello,

      I'm in a similar situation. But my 6 year on H1 will expire by Feb 15th, 2016.
      If I have to switch the employer now (only if I am forced to do so because of not getting a new project), can the employer revoke my H1/ i140?
      When employer B files for my H1 extension, will I get a max of three years with the help of already approved i140(from employer A)

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      • #4
        Originally posted by vinikrish View Post
        Hello,

        I'm in a similar situation. But my 6 year on H1 will expire by Feb 15th, 2016.
        If I have to switch the employer now (only if I am forced to do so because of not getting a new project), can the employer revoke my H1/ i140?
        When employer B files for my H1 extension, will I get a max of three years with the help of already approved i140(from employer A)

        1) Ask your new employer to file a transfer and request an extension based on your approved I140 at the same time , so that even if your current employer revokes your I140 you are not impacted . But, do make sure that your new employer files our GC from scratch as soon as you join them by porting the priority date from your I140

        2) If you get an extension based on your approved I140 , it will be for three years

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        • #5
          2) If you get an extension based on your approved I140 , it will be for three years
          >>> There is no such guarantee. Extensions are given based on the work availability that the employer can show. If the employer can show work only for 1 year (Consultancy companies with only 1 year SOW), then USCIS will approved the transfer + extension only for 1 year. That is not enough time to file and get the PERM +I140 approved to file further extensions. So it is advisable that you join the new employer only if the transfer gets approved for at least 2 - 3 years.
          Not a legal advice. Use of this information is strictly at your own risk.

          Comment

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