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Perm Denial

Discussion in 'Nonimmigrant Visa Applications' started by alliswell2015, Oct 11, 2016.

  1. alliswell2015

    alliswell2015 New Member

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    I was with Employer A through H1B. I completed my 6 year H1B term with Employer A. I also got my PERM and I140 approved through Employer A

    I joined Employer B after doing my H1B Transfer and got extension for 3 year by showing my I140 approval obtained through Employer A. My current H1B is valid with Employer B valid until June 2018.
    I am currently working with Employer B and they restarted my PERM process in Oct 2015 but unfortunately my PERM got denied after long Audit wait. Employer B have decided to reapply my PERM again in Jan 2017.

    As my H1B is valid with Employer B only until June 2018 (15 month left), i have 2 questions in this regard:

    1) My worry is if my PERM gets denied again after a long wait, i would near my H1B end date of June 2018.
    Is there a way to extend my H1B extension for 3 more years with the current Employer B who i am currently working with. Can i use my old I140 approved through Employer A to extend my H1B again for 3 more years?

    2) Can i still use my Employer A approved I140 again, do a H1B transfer to Join the New Employer C so that i get 3 more years of H1B?

    Please help.
    Thanks for all your service to the immigrant community
     
  2. Santy

    Santy Guru

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    1. You can use your previous employer's approved 140 to get H1 extensions assuming they have not revoked your 140.
    2. Yes. You can try new H1 with as many employers as you want. Again the catch is that your approved 140 needs to be intact.

    Note: I am not a lawyer. My suggestion would be to get in touch with your previous employer holding your 140 and convince them not to touch your 140. You can also join employer A if they want you back. Best of Luck.
     
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  3. alliswell2015

    alliswell2015 New Member

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    Thanks Santy, Ron can you also weight in on my questions please.
     
  4. alliswell2015

    alliswell2015 New Member

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    My attorney says "You will be able to use the previously approved I-140 Petition ( Which carries the Priority date of June 24 2010) to extend H-1B status assuming that your priority date from that case is not current at the time of H1B extension".

    I dont understand, how the priority date of the previous 140 approval priority date becoming current will tie to the H1B extension reqeuest. Any help on this would be of a great help
     
  5. Greeeeencard

    Greeeeencard Guru

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    If PD is current, you don't get 3 years extension, only 1 year.
     

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