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H1b Less Than 1 Year With Approved I140

Discussion in 'Nonimmigrant Visa Validity' started by shandz, Jan 21, 2016.

  1. shandz

    shandz New Member

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    Ron my h1b is approaching 6th year in a year and 3 months. I have an approved i140. I'm changing employer and they said that I can do the h1b transfer but it will only be valid for 1 yr and 3 months. Is that accurate? I thought that once you have an approved i140 you can renew for 3 years or is that only true if you stay with current employer who filed my i140? Can you advise what options i have? Thanks
     
  2. Santy

    Santy Guru

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    Once you provide a copy of approved 140, you are entitled to get an extension of upto 4 years...
     
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  3. Santy

    Santy Guru

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    I am sorry. I don't know how it took 4... it's 3 years... I don't have edit rights...
     
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  4. shandz

    shandz New Member

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    So it will be up to USCIS how long they will provide the validity of my extension during my h1b transfer? The lawyer of my new employer is saying they can only get 1 yr 3 months based on remaining time I have and i kept telling then that since I have an approved I140 from my old employer. If we made the h1b transfer I can have my extension for 3 years
     
  5. Santy

    Santy Guru

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    I don't know why the lawyer is saying that... Approved 140 gets 3 years extention if the paper is rock solid. 1year 3 months doesnt make any sense...USCIS can give extention as per their interpretation of your documents. If you are joining directly to a client then expect 3 years extension. It doesn't mean that you can't get 3 years extention in a consultancy job. The documentation should prove that the extension is going to be 3+ years.
     
  6. Santy

    Santy Guru

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    The documents should prove that the engagement is for 3+ years.
     
  7. LeoAugust

    LeoAugust Guru

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    You can get 3 years extension on H1B with the current employer who has processed your PERM/i140. So please get the extension first then change employer.

    If you move to the new employer you will have only 1 year and 3 months. This is my understanding. I think I am sure about it.
     
  8. PDCOM

    PDCOM Guru

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    I believe one should get 3 years extension, even when changing employer. But then USCIS is unpredictable....
     
  9. LeoAugust

    LeoAugust Guru

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    Then the new employer has to file for extension based on i140 which does not belong to them. I am not sure bit doubtful if existing law allows that.
     
  10. specifione

    specifione Junior Member

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    new employer can use existing I140..i moved to new employer in after 3rd year of h1b got 3 year at that time and last year got extension for another 3 years using previous employer approved I140..
    current law allows you to extend upto 3 years(depends on uscis) with approved i140 as long as its valid(employer/uscis not revoked) even with new employer..but new employer has to start perm-i140 again(you can port your old date)
     
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  11. LeoAugust

    LeoAugust Guru

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    You might have got 3 years extension from 6 years quota of H1B.
     
  12. Santy

    Santy Guru

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    This is the thumb rule:- You can use your approved I140 for H1 extensions with your current employer or for H1 transfers with a new employer. As long as your 140 is intact, you can jump to as many employers as you want.
     
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  13. LeoAugust

    LeoAugust Guru

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    Based on approved i140 from current employer I got H1B extension upto 3 years .i.e. 2017 Dec.

    Tomorrow, I join a new company with H1B transfer. Now the time comes for H1B extension as Dec-2017 is approaching.

    Can my new employer file for H1B extension based on my approved i140?
     
  14. Santy

    Santy Guru

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    YES.... Assuming your approved 140 is intact.
     
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  15. LeoAugust

    LeoAugust Guru

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    Thanks. I enquired about it earlier before joining this forum. The answer I got was NO. With that, I could not go back to my previous employer who was not ready to process GC but ready to continue with H1B. I would like to ask the same to Ron :)
     
  16. PDCOM

    PDCOM Guru

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    No doubts about it. I know of friends who have done it. They all got three years extension based on approved i140 under ac21.
     
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  17. PDCOM

    PDCOM Guru

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    You can go back. The employer who did I 140 should not withdraw it. Based on the approved i140 you will get 3 years extension s under ac21. These are beyond the sixth year..
     
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  18. LeoAugust

    LeoAugust Guru

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    Thanks.

    Means the new employer (in this case the previous employer) can file for one more H1B extension (on Dec-2017) with approved i140 under AC21 (I have consumed 6yr quota of H1B). Is my understanding correct based on your last post?
     
  19. PDCOM

    PDCOM Guru

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    Yes. You have to give him a copy of your i140.
     
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  20. LeoAugust

    LeoAugust Guru

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    Thanks. I did not know that. I have the copy of i140.
     

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