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Laid off in H1, please help

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  • Laid off in H1, 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.

    Thanks
    AB

  • #2
    Duplicate post.

    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.

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    • #3
      I can't find the original post.
      Could you send me the link ?

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      • #4
        I can't find the original post.
        Could you send me the link ?
        By clicking on username, it will pop-up a menu. Select find all post by this user.
        I am not a lawyer and this is not a legal advice. Use it at your own risk. Consult professionals before getting into an action.

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        • #5
          Thank you, itzprams !!!

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