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  • H-1B Extension tenure

    I am on my 5 th year of H-1B with my 3 rd employer
    My I -140 was approved with the 2 nd employer
    Will I get an extension of 3 years when I file for H-1b renewal or transfer ?

  • #2
    7th year extension is possible only if the employer who applied your I-40 is still proceeding with your GC (as GC is for future employment). If they are no longer intersted in proceeding with your GC, then the 7th year extension based on that I-140 is not possible.

    Alternatively, if your current employer files for the Labor and if it gets approved or if it is pending for more than 365 days, then you can apply for the 7th year extension (1 year extension). Later, you can recapture the priority date from the Labor filed by your previous employer.
    Not a legal advice. Use of this information is strictly at your own risk.

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