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Changing Employer After 6th Year H1b And Further Extensions

Discussion in 'AC 21 H-1B Issues' started by h1bperm, Apr 28, 2015.

  1. h1bperm

    h1bperm Junior Member

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    Hi Ron,

    Ideally, once the beneficiary has approved 140 or PERM filed before 365 days of 6 year completion, H1B can be extended by that employer beyond 6 years and keep doing that. This is fine.

    Assume, if H1B holder who has 140 approved from employer A and in H1B for more than 6 years (say in 7th, 8th or 9th years) and changes to employer B. H1B can be extended for initial 3 years with employer B based on 140 approval from employer A(assume its not withdrawn at the time). I hear everyone say that new PERM and new 140 needs to be approved within 3 years to get further extension with employer B.

    Is that true for further H1B extensions, 140 needs to be approved with employer B (or) even PERM pending for more than 365 days with employer B at the end initial 3 years. [Say employer B filed PERM before end of 2 years in 3 year initial extn] should be fine? Can you clarify on this.
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Any approved I-140, for any employer (as long as it has not been withdrawn), is valid for extensions for any employer.
     
  3. h1bperm

    h1bperm Junior Member

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    Sorry, i missed a point. What happens if employer A withdraws 140 after a year or so since H1B beneficiary changes employer.

    Assume below scenario:
    H1B Beneficiary changed employer on 8th year H1B
    Employer A withdrawn 140 on 9th year H1B (after 1 year when beneficiary left the company)
    Employer B filed PERM and pending for more than 365 days.

    Now, can H1B be extended with condition of PERM pending for more than 365 days with employer B (or) need to go out of the country when current H1 expires and come back after 140 approved with new employer B?
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    if his status hasn't expired yet, he can get a one year extension on the strength of the PERM pending for more than a year.
     
  5. h1bperm

    h1bperm Junior Member

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    Thanks for this clarification, Ron.

    I hear people say, after 6 th year if H1B holder change employer then further extensions will be depend on 140 approval with new employer (if prior employer 140 withdrawn), and not just with pending PERM. So i was getting confused how it work during 6th year end and not in furture years/employments.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Absolutely untrue.
     
  7. sregonda

    sregonda New Member

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    If Employer A files PERM and it's pending and i changed to Employer B can i get extention?
    FYI - EMployer B filed PERM but it's less than 365 days.
     
    Last edited: May 21, 2015
  8. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Only if the first employer does not withdraw the PERM and it has been pending more than 365 days.
     
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  9. sregonda

    sregonda New Member

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    [
    if Employer B file the labor less than 365 days and approved perm and in this scenario can i get extention?
    Thanks for your reply and it was more helpful for me.
     
  10. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, that won't work.
     
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  11. chinnik

    chinnik New Member

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    Hi Ron,
    Currently I am under an company A and it is merged with company B (succesor). Now my company A said that I have to get my h1-transfer to company B and there wont be any effect on my GC and if dates become current by chance, I can still apply for i485 through old Company A as this company is not closed, mean time they suggest that they will file for labour, 140 under company B. So my question is is there anything that i need to worry of or am I in gud.
    Appreciate your response. Thanks!
     
  12. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Not knowing all of the facts about your case it would be irresponsible for me to offer any kind of assurance to you. Generally speaking, based only on these facts stated, I'd say that if the applicant genuinely intended to go to work for the original employer, there wouldn't be a problem.
     
  13. chinnik

    chinnik New Member

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    Thanks for the response Ron, I checked with my employer and they said that they will start my GC from scratch under the new company B and then I can port my date and jst in case of my date become current while in the process of getting 140 from company B, then I should be able to apply for 485 from old company A. Is this okay?
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    I wouldn't do it. Unless you genuinely plan to work for the sponsoring employer, filing an adjustment application is fraud.
     

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