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  • 6th year H1b Renewal RFE

    Hi all,

    I work in a Company -> Client model. My sixth year H1 expires in July2011. My GC priority date is 07.JAN.2007 and my I140 has been approved. (I know i am getting close).

    My problem is, my current project gets over in Sep2011. USCIS may put a RFE on my case and may extend the H1 only till Sep2011. My client is a fortune 50 company and wont really give me any letter to say that i will be working for another 2 years ors something. What are my options to get another 3 years extension based on my I140?

    I have two american born children and the only other option other than H1 seems going back to India for good. Which would void my GC since its Employment based. After coming so far in the process, i am a bit worried. Please advice.

    GS

  • #2
    1) The employer can place you with a different client. With contract agreements with the new client (SOW, Client letter etc) you can get the extension beyond the 6th year.

    2) GC is for future employment. Even if you leave the country, the employer if willing can continue the GC process.

    3) Find a new employer who can transfer your H1B based on your approved I-140 (You will need a copy of the approved I-140). The GC process need to be restarted by the new employer. However, you can retain the priority date from your existing labor.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Originally posted by shervin143 View Post
      1) The employer can place you with a different client. With contract agreements with the new client (SOW, Client letter etc) you can get the extension beyond the 6th year.
      2) GC is for future employment. Even if you leave the country, the employer if willing can continue the GC process.
      3) Find a new employer who can transfer your H1B based on your approved I-140 (You will need a copy of the approved I-140). The GC process need to be restarted by the new employer. However, you can retain the priority date from your existing labor.

      1. My extension process is underway since my 6th year expires next month. My current project is only till sep2011.
      2. I am hoping for this.
      3. I work for an excellent company which has become like a second family to me. I know they will do everything to help. I just want to be safe.
      Last edited by guruduttusa; 06-01-2011, 02:10 PM.

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