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Nearing end of 6 years

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  • Nearing end of 6 years

    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.

  • #2
    As long as the labor is filed 12 months in advance of the end of the 6 year H1B term, the new employer can file for a 1 year extension based on the approved or pending labor certification.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      So what if I find a new job by Jan 2011. Then I can't file for extension?

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      • #4
        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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        • #5
          You can change to a new employer and apply for a new H1 extension with your approved I-140 from a prior sponsor.

          Thanks, Govind

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          • #6
            Right but once I change my job, my I140 will no longer be valid right and my GC processing will have to restart. So will it be valid still to apply for 3 year extension.

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            • #7
              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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              • #8
                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 Post
                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?
                Not a legal advice. Use of this information is strictly at your own risk.

                Comment


                • #9
                  So are you saying that I should wait for 3-4 months to join my new employer?

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                  • #10
                    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 Post
                    So 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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