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H1b Extension On The Basis Of Approved I-140

Discussion in 'AC 21 H-1B Issues' started by ADAS, Sep 18, 2016.

  1. ADAS

    ADAS New Member

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    Currently I am outside of USA. My employer is going to apply for H1B extension on the basis of approved I-140. But in the proposed H1B job I am not going to work on the tools/technologies mentioned in the PERM/I-140. Is it mandatory that the H1B job must be same as the job mentioned in PERM/I-140 when H1B is extended on the basis of I-140?
     
  2. Kevin Kurian

    Kevin Kurian Attorney at Law

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    Generally speaking, the job listed on the H-1B petition is not required to match or be identical to the job listed on the PERM or Form I-140. The reason for this is because the job listed on the Form I-129 is the current job, which is being performed now or will be performed in the near future, whereas the job listed on the Form I-140 is a future job based upon a job offer, which does not come into being/vest until the Form I-485 (green card application) has been approved by USCIS.
     
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  3. Kevin Kurian

    Kevin Kurian Attorney at Law

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    The short of it is, even when filing an H-1B extension petition (to extend beyond the 6 year maxout date), the job listed on the Form I-129 is not required to match/be identical to the job listed on the Form I-140 petition.
     
  4. Rajesh Kempagouda

    Rajesh Kempagouda New Member

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    Hi Kevin,
    I'm glad I landed on this post and appreciate your helping the members with advice.

    I have an approved I140 with current employer and in my 7th year of H1B. I am planning to change employer, with a slightly different job description (changing from project manager position to senior product manager position, although the title in new company maps to project manager level for job level) and for higher compensation. With revised AC21 effective Jan 2017, I understand my I140 will stay active for future extensions as I have been in the company 6 months after the I140 approval. However, I want to understand if the change in job title, description or compensation affect possibility of H1 extensions.

    I am ok with having to file a new PERM & I140 later when my new employer is ready to process my GC/485 but more concerned about being able to continuing my stay in US until then as the new petition will not be filed at least for another 2 years while my current H1 extension expires in Dec 2018.

    Could you please let me know if it's ok to take up the new offer? I can message job descriptions, additional details if required.
     
  5. WaldenPond

    WaldenPond Guru

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    Please give more details about the job descriptions and all for both the jobs.
     

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