H1b transfer and I-140 pending in 6th year of H1b


bkammari

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Hello,

 

I am a consultant for company A and company A is holding my H1b and i am on 5th year of my H1b and my I-140 is approved with pripority date (PD) April 1 2011 with Company A,and I am working at client location for company B, company B offered me Full time,if i transfer my H1b to company B ,Though my PD will remain same, company B will re apply my PERM after one year which will be in my 6th year of my H1b,if the perm or I-140 is still pending will i be eligable for 3 years of h1b extension.

 

Your help is really appreciated.

Thankyou all.

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Hello,

 

I am a consultant for company A and company A is holding my H1b and i am on 5th year of my H1b and my I-140 is approved with pripority date (PD) April 1 2011 with Company A,and I am working at client location for company B, company B offered me Full time,if i transfer my H1b to company B ,Though my PD will remain same, company B will re apply my PERM after one year which will be in my 6th year of my H1b,if the perm or I-140 is still pending will i be eligable for 3 years of h1b extension.

 

Your help is really appreciated.

Thankyou all.

Only if employer A does not revoke I-140 you will get 3 years. Otherwise based on pending PERM or I-140 with employer B for more than a year you are eligible only for 1 year extension.

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Thankyou for the response, Does it mean that ,if the employer A does not revoke my I-140 and i have pending PERM or I-140 with Employer B by the end of my 6th year of  H1b, I am still eligable for 3 yrs of h1b ext or 1 yr.

If approved I-140 is not revoked by employer A you can get 3 year extensions with any employer. It does not matter whether you have a ongoing GC process with employer B or not.

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