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Hi,
I am in trouble and running out of luck. Looking for suggestions & options from gurus here; Here is my case detail :
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Priority Date : April'2009 in EB3 category India
I-140 approved On : Nov'2011
I-485 : Not applied due to priority date not current for EB3.
H-1B : 8th year extension got approved just now in April'2012. It is valid from April'2012 till April'2013 (Not sure why Vermont Service Center granted only 1 year extension even with approved I-140 !)
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I was expecting 3 years H-1B extension this time due to approved I-140 & direct Employer-Client relationship but I only got 1year.
My Questions :
===========
1> If I change my employer now to avail green card sponsorship in EB2 (to eventually port my EB3 PD to EB2) and attempt to transfer my H-1B, then will USCIS approve the H-1B transfer only for 1 year until April'2013 or will it be for 3 years?
2> If USCIS approves the H-1B transfer for 1 year only until April'2013 then how can my future employer get me further H-1B extension beyond April'2013 ?
I heard that H-1B extension beyond 7th year is possible under rule AC(21) only if PERM is pending with my future employer for more than 365 days.
My current employer unlikely revoke my I-140 so there is not much risk.
What are my options available ?
Thank you for taking time out of your busy schedule and reading through my questions and providing solutions.
Regards,
Rab
I am in trouble and running out of luck. Looking for suggestions & options from gurus here; Here is my case detail :
--------------------------------------
Priority Date : April'2009 in EB3 category India
I-140 approved On : Nov'2011
I-485 : Not applied due to priority date not current for EB3.
H-1B : 8th year extension got approved just now in April'2012. It is valid from April'2012 till April'2013 (Not sure why Vermont Service Center granted only 1 year extension even with approved I-140 !)
--------------------------------------
I was expecting 3 years H-1B extension this time due to approved I-140 & direct Employer-Client relationship but I only got 1year.
My Questions :
===========
1> If I change my employer now to avail green card sponsorship in EB2 (to eventually port my EB3 PD to EB2) and attempt to transfer my H-1B, then will USCIS approve the H-1B transfer only for 1 year until April'2013 or will it be for 3 years?
2> If USCIS approves the H-1B transfer for 1 year only until April'2013 then how can my future employer get me further H-1B extension beyond April'2013 ?
I heard that H-1B extension beyond 7th year is possible under rule AC(21) only if PERM is pending with my future employer for more than 365 days.
My current employer unlikely revoke my I-140 so there is not much risk.
What are my options available ?
Thank you for taking time out of your busy schedule and reading through my questions and providing solutions.
Regards,
Rab
