My I-140 has been cleared and my H1B visa expires on Dec 2011. I know I can now extend my visa for 3 years. However, I want to change my job. Assuming I find a new job in the next 3 months and reapply for my GC immediately, can I apply for my H1B extension even if my labor is not cleared. I guess if I find a new job by Oct it will take close to 1 year to clear labor and then I won't have much time to apply for an extension. Please advice.
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If your previous employer is no longer willing to continue with the GC process, then the extension based on that approved I-140 is not possible. So in order to get an extension, your new labor should have got filed 12 months in advance of the 6 year term and still pending or it should have got approved by the time your 6 year period ends. The only benefit is that you can recapture your priority date from the previous labor.Not a legal advice. Use of this information is strictly at your own risk.
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My I-140 has been approved and I am on my 6th year of H1B and I will be having a new job offer. Once I accept an offer, my new company will file for a H1B transfer. I guess in two weeks I will receive the H1B transfer petition but it takes 3-4 months for the whole process to go through. In the meantime if my old company revokes my I-140 would it affect my extension?
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Yes. It is advisable that you join the new employer only after a successful H1B transfer. Or ask the new employer to file the transfer in premium process.
Originally posted by venkatdabri View PostMy I-140 has been approved and I am on my 6th year of H1B and I will be having a new job offer. Once I accept an offer, my new company will file for a H1B transfer. I guess in two weeks I will receive the H1B transfer petition but it takes 3-4 months for the whole process to go through. In the meantime if my old company revokes my I-140 would it affect my extension?Not a legal advice. Use of this information is strictly at your own risk.
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Yes, that is the advisable approach. If you don't want to wait 3-4 months, then go for premium processing which will get you a result within 15 days. Otherwise it is like taking a chance.
Originally posted by venkatdabri View PostSo are you saying that I should wait for 3-4 months to join my new employer?Not a legal advice. Use of this information is strictly at your own risk.
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