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H1b extension after I140 approval

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  • H1b extension after I140 approval

    I am currently on 7th year of H1. My I140 was approved on Aug 2015.I received H1 extension for 1 year (instead of three years) till Oct 17,2016.

    I want to know
    1. If i change job and switch to a new employer, can the new employer request for 3 years validity during the H1 transfer.
    2. In case if after the H1 transfer, my H1 end date does not change and is valid till Oct 17,2016, can the new employer apply for H1 extension assuming that my current employer has not revoked the I140 petition.

    Thanks in advance.

  • #2
    1. If i change job and switch to a new employer, can the new employer request for 3 years validity during the H1 transfer.
    >>> Yes.

    2. In case if after the H1 transfer, my H1 end date does not change and is valid till Oct 17,2016, can the new employer apply for H1 extension assuming that my current employer has not revoked the I140 petition.
    >>> Yes. But it is advisable to join the new employer only after the transfer gets approved and they get an extension for more than 2 years. It is better you have an approved I-140 from the new employer before it is time to file another extension.
    Not a legal advice. Use of this information is strictly at your own risk.

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