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H1-B with US company, might get laid off - I-140 approved

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  • H1-B with US company, might get laid off - I-140 approved

    Here's my situation:

    I have 8 months left on my visa and will complete 6 yrs in september. I have an approved I-140 with a PD of 2010 in EB2.

    Lay offs are lurking in my company and I want to know:

    1.) Can I extend my visa with a new company with my current approved I-140. I don't have the actual copy, just a scanned version which the lawyer sent?

    2.) Can a employer file a new H1-B petition which is not subject to cap after one finishes 6 yrs in US on H1, looks like a few hundred H1-Bs are still available.

    Thanks.

  • #2
    you can extend ur H1b based on your 140 approval...if you have the case number of 140 thats great

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    • #3
      Originally posted by sairam_hb View Post
      you can extend ur H1b based on your 140 approval...if you have the case number of 140 thats great
      Thanks sairam....we can extend for 3 yrs...right??

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      • #4
        Yes Sir - Thats right

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        • #5
          1.) Can I extend my visa with a new company with my current approved I-140. I don't have the actual copy, just a scanned version which the lawyer sent?
          >>> Yes. The scanned copy is good enough. I-140 should not be revoked when the transfer is in progress.

          2.) Can a employer file a new H1-B petition which is not subject to cap after one finishes 6 yrs in US on H1, looks like a few hundred H1-Bs are still available.
          >>> No. You need to spend one year outside to get a fresh 6 year term on H1B.
          Not a legal advice. Use of this information is strictly at your own risk.

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