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H1-B extension after six years

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  • H1-B extension after six years

    I would like to know how my H1-B is affected if I am laid off mid way through my GC Process. Here's my situation:

    Current status of GC: Cleared I-140 with a priority date of April 08. I have used all the six years of H1-B and got an extension on H1-B beyond the six-year limit based on I-140 approval.

    If I am being let go by my employer at this point:
    1. Am I eligible to extend my H1-B with a diefferent employer(Assuming I find another job)? if so, what is the max limit to which I can extend it?

    2. Can I continue my GC process with the same I-140?

    Please let me know.

  • #2
    1. Yes
    2. No. The new company can use your old PD but has to start all the way from labor again.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks for the reply. As a follow up to question #1, how many times can I extend the H1B with a new employer considering the fact that I have used all the six allowable years ?

      Comment


      • #4
        It really depends on if the I140 is active at the time of extension. If the I140 is revoked by the employer, you would need a new I140 approved before filing for another extension or at the very least a new labor filed 1 year prior to the expiration of the extended H1b by the new employer.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment

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