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H1B Extension with Approved 140 in 5th year and transfers

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  • H1B Extension with Approved 140 in 5th year and transfers

    Hi

    I has a question regarding H1b extension. Now I in my 5th year of H1B and has approved 140 with priority date DEC-2010. My question is as follows:

    I am Currently working for Employer # A and has 140 approved and completed 4.5 years. I am planning to change to Employer # B. As I has approved 140 copy, I may eligible for 3 year extension, which takes my whole H1B to 7.5 years (New I-94 I may get till 2014). Employer # A will revoke my 140 once resign.

    Employer # B can start my PERM process only after 6 / 12 months. My question is if I wish to change from Employer # B to Employer # C after 6 months, How many years of extension I can get? Is it be only 1 year extension, considering whole 6 years of H1B? Or as per my new I-94 and I-797 for employer #B, is it be 2.5 years.

    I tried to search different sources. But most of the questions will talk about only A to B, but if needed to change B to C what will happen is my question.

    Much appreciate your response.

    Regards
    BS

  • #2
    If employer A revokes your I-140, then you won't be able to switch from employer B to C without a valid I-140 in hand. Extensions beyond the 6th year are possible only when there is a valid I-140 and the employer is in the intention to proceed further with the GC process. So to switch from B to C, your PERM and I-140 from employer B should have got approved.

    Aand extensions are blindly granted for 3 years. They are granted only based on teh work duration proof provided by the employer.
    Not a legal advice. Use of this information is strictly at your own risk.

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