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H1 extension after 6 years - through a new employer

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  • H1 extension after 6 years - through a new employer

    Hi,
    I am currently on H1B. My current H1 is an extension based on my approved I-140 and pending I-485 (pending for more than 3 years), my current H1 is valid till 6/2012.

    Now a new employer is willing to transfer my visa and they need a copy of my I-140 receipt notice to file for H1. My current employer will not give me the copy of the I-140 receipt notice and they also say that H1 visa extension based on I-140 can only be done by the employer who filed the I-140, is this true?
    (My spouse is on H4 that is why I cannot use EAD)

    Any reply greatly appreciated.
    Thank you,
    Venad

  • #2
    That is not true. You can use the I140 approved from employer A to have a 3 year extension from employer B. However, if employer A withdraws the I140, you will land up in problems.

    No point in departing with bad terms with the employer.

    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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