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vpgour

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About vpgour

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  1. vpgour

    Maintaining Status While H-1B Petition is Pending

    Dear Sir/ Madam I am in my 9th year of H1B. I worked for company A and they filed for my GC in EB3 with PD 12/30/2011. My I140 was approved in 09/2012. I changed employer in 11/2014, H1 was approved for the new employerB for 3 years based on I 140 approved for Employer A Due to certain conditions I am looking for changing the job, I have not moved forward with my current employerB to file PERM, no labor is filed with new employerB I believe EmployerA have revoked I140 by now. Can I change employer now based on my H1 stamped in Jan 2015 valid till Oct 2017. I believe If H1 transfer is allowed that will be valid till Oct 2017 only. Is this true and how to proceed or I will have to leave USA, since I no longer see myself working for the current employer B. Please do advise and guide. Many regards,
  2. Dear Sir, thanks for the response above, it clarifies major doubts. in extension to the above query and just so that I could understand it better, requesting if you could clarify the below too, 1. So when I change employer, while transferring my H1, will this H1 be extended till Aug 2017 for Employer B based on I140 approval which was filed by employer A? (given that we file the H1 transfer cum extension to employer B in Aug 2014) 2. I am very much clear that seeking H1 extension based on an approved I140 will be the best scenario. since the new GC process will take some time to begin with new employer B, and I am already in my 3rd 3 year H1 term (@ 8 years on H1), will my PERM case be subjected to the 365 day validity requirement till the H1 is valid? If yes? will this be a must then to begin PERM process with the new employer B? 3. Will you please provide some more details around the 'problem' that may be there per point 3 above. 4. What all documents/information I must collect in order to safely transition to the new employer. Thanks and Regards
  3. Hello, I am currently considering a change in job as the new employer is willing to file GC in EB2. I am currently working on my 3rd H1 visa term and my stay in USA is in 8th year (I am working in the USA since Jan 2007. My current employer filed for my GC in EB3 with PD in Dec 2011, received I140 approval in sept 2012. I got the third H1 extension for 3 years with a validity till Jan 2016, for which the 3 year extension was applied in Dec 2012 after I received my I140 approval in Aug 2012. Could you please advise if the H1 transfer that will be filed here, can that be applied/ granted for an extension for next 3 years so say till 08/2017 ? (considering we file in 08/2014). Also can we check if the 365 day limit is also applicable to a candidate who already have I140 approved by some other employer (A) and seeking new employment with (B) When is it that I must start the GC process with the new employer to avoid the 365 day constraint will it be Jan 2015 or Aug 2016? I tried to look for this information on various forums but could not get a direct answer, so thought of checking with you as you are the authority here. Also please let me know what all documents information I must collect before leaving the current employer. Thanks and Regards
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