H1B 3yrs extension validity

[raviprasad]

Hi,

I am in real dilemma. Any suggestion on the below issue is heartily appreciated.

My case:
- I have an approved I140 from my old employer.
- My H1B 6years tenure gets over on May2017.
- However, My H1B is approved ---for my new employer--- till May 2019 when I changed my job in March after my I140 approval, as I got the 3 years extension due to approved I140.
- My new employer might take more time to start my GC processing, which means I might not have an approved I140(from my current employer) before May2017.

Now, if my old employer pulls out my I140, then
1- will it effect my 3years H1B extension?
2- and do I fall back into the 6years tenure?
3- Also, can my wife apply for an EAD in this situation, if the old I140 is pulled off.

I had read it in Immihelp forums earlier that the extension becomes invalid in such cases..I dont exactly remember the situations though and could not find those posts after much trials, thus posting this thread

Please help me in this...I am really confused and might need to change my job(which I really dont want to) again if my H1B extension gets invalid.

Appreciate all your suggestion

Thanks

[mindrd]

Hi,

I am in real dilemma. Any suggestion on the below issue is heartily appreciated.

My case:
- I have an approved I140 from my old employer.
- My H1B 6years tenure gets over on May2017.
- However, My H1B is approved ---for my new employer--- till May 2019 when I changed my job in March after my I140 approval, as I got the 3 years extension due to approved I140.
- My new employer might take more time to start my GC processing, which means I might not have an approved I140(from my current employer) before May2017.

Now, if my old employer pulls out my I140, then
1- will it effect my 3years H1B extension?
2- and do I fall back into the 6years tenure?
3- Also, can my wife apply for an EAD in this situation, if the old I140 is pulled off.

I had read it in Immihelp forums earlier that the extension becomes invalid in such cases..I dont exactly remember the situations though and could not find those posts after much trials, thus posting this thread

Please help me in this...I am really confused and might need to change my job(which I really dont want to) again if my H1B extension gets invalid.

Appreciate all your suggestion

Thanks

Once you received the extension based on an AC21-104 extension, USCIS will not go back and revoke the already approved petition. Your new employer should plan to submit a new I-140 sometime near the end of the your validity dates,but it is not necessary if your old company choices not to do anything with your old 140.