Tweet
Hello,
I have a couple of questions regarding the possibility of getting H-1B extension based on I-140 approved with previous employer.
I am in the 5th year of my H1B (expires in mid-2018). My I-140 was approved with my previous employer late last year. I joined another company recently and my new employer is going to initiate the whole green card process soon.
My previous employer filed my PERM with SOC Code (11-3071 - Distribution Managers) as I was working in a warehouse management related department though my duties are related to business analysis. PERM and I-140 both were approved last year. I joined an IT Services company recently and the LCA was filed with a different SOC Code (15-1121 - Computer Systems Analysts). The same SOC Code will be used for PERM as well. My duties in my new role is business analysis as well but generic not specific to a particular domain.
1. In a scenario where my I-140 with the new employer does not get approved by the time I complete all my 6 years of H-1B (i.e. by mid-2018), can I use my previous I-140 (with a different SOC Code) to get H-1B extension beyond 6 years?
2. Is there a limit on the number of times an approved I-140 (filed by previous employer) be used by current employer to get H-1 extension? I believe my current employer already used my I-140 at the time of filing H1B transfer and I got 2-months more on H1B beyond 6 years.
3. Can I retain the priority date on my previous I-140 even though it was filed with a different SOC code?
I really appreciate if you could answer these questions. It will help me plan accordingly and make some decisions. Please let me know if you need more information. Thanks.
I have a couple of questions regarding the possibility of getting H-1B extension based on I-140 approved with previous employer.
I am in the 5th year of my H1B (expires in mid-2018). My I-140 was approved with my previous employer late last year. I joined another company recently and my new employer is going to initiate the whole green card process soon.
My previous employer filed my PERM with SOC Code (11-3071 - Distribution Managers) as I was working in a warehouse management related department though my duties are related to business analysis. PERM and I-140 both were approved last year. I joined an IT Services company recently and the LCA was filed with a different SOC Code (15-1121 - Computer Systems Analysts). The same SOC Code will be used for PERM as well. My duties in my new role is business analysis as well but generic not specific to a particular domain.
1. In a scenario where my I-140 with the new employer does not get approved by the time I complete all my 6 years of H-1B (i.e. by mid-2018), can I use my previous I-140 (with a different SOC Code) to get H-1B extension beyond 6 years?
2. Is there a limit on the number of times an approved I-140 (filed by previous employer) be used by current employer to get H-1 extension? I believe my current employer already used my I-140 at the time of filing H1B transfer and I got 2-months more on H1B beyond 6 years.
3. Can I retain the priority date on my previous I-140 even though it was filed with a different SOC code?
I really appreciate if you could answer these questions. It will help me plan accordingly and make some decisions. Please let me know if you need more information. Thanks.
