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H1 Transfer after 6 years with approved labor only which is less than 365 days old-Is

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  • H1 Transfer after 6 years with approved labor only which is less than 365 days old-Is

    Immigration Experts and Gurus,

    This is my situation
    Currently in 7th Year of H1B(beyond 6 Yrs)as of Jan 1 2012 with approved I 140 with Employer A
    kindly advise if this is doable or not
    Jan 1 2012-Apply for H1B transfer to Emp B(receive 3 Yrs based on approved I 140 of A)
    Jan 15 2012-Emp C files PERM
    May 15-2012-C's PERM approved
    May 16-Transfer H1B to C based on his approved PERM only-IS THIS DOABLE?
    (C wont file I 140 unless 2 Paystubs are generated thru C-which will need H1B transfer)
    The tricky part is-PERM got approved in 3 months but it is not 365 days old.Is this PERM good for H1B transfer in 7th yr to Emp C?
    The tricky part is-C wont file I 140 without H1B transfer and I will have already used benefit of I 140(Approved from A) when I transferred from B to A
    Please advise
    To summarise-
    Can One Transfer H1B beyond 6'th year-lets say in the 7'th,8'th...year with an approved PERM ONLY from another employer which is NOT 365 days old?

  • #2
    Before you do all this, if the employer that got the approved 140 revokes it, you are back to a plain white canvas.

    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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