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H1-b Transfer 9th Year With Approved I-140. Currently On H4

Discussion in 'AC 21 H-1B Issues' started by harshalrach@gmail.com, Oct 7, 2014.

  1. harshalrach@gmail.com

    harshalrach@gmail.com Junior Member

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    Ron,

    Peculiar case of my wife. She lost job on H1-B (9th year) in Sep 2014 and is on H4 -> Technically COS filed from H1 to H4 and awaiting approval.We just have the I-539 receipt notice.

    Her employer did not revoke I-140. They said they won't revoke it at all.
    Obviously the employer would have cancelled her H1-B petition within 30 days of her departure.

    Now she has an offer from a firm that expects her to do the following:

    1. Join a staff company that will use her current I-140 to get a 3 yr H1-B extension (October 2014)
    2. After 2 months (December 2014) the company will offer her employment
    3. The company will use the same I-140 to seek another 3 yr H1-B extension
    4. Both H1-B petitions will be filed premium

    The question we have is, is it even possible to use the current I-140 (from her old employer) to apply for H1-B change of employer petition 2 times in 2 months.

    As always will appreciate your guidance.

    Thanks in advance

    Harshal
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    To qualify for exemption from the six year limit, you must have either a PERM that has been on file for more than a year or an approved I-140. If you have either, you are exempt. It doesn't matter who filed the PERM or I-140, or who is filing the new H petition.
     

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