Can I apply for H1B extension with my I140 approved with previous employer

[kmadanu]

Hi All,

Can I apply for H1B extension with my I140 approved with previous employer?

What if my priority date for my previous I140 gets current?

Please let me know any details.

 

Thanks

[care_candidate]

You can apply for H1b. But don't call it as an extension; it is actually new H1b. Company has to file it just like new H1b except it won't be counted against total cap. As you have I-140 approved there is no issue of having H1b beyond its term limit, which is six years.

For I-140, you will have to forget about last company's filing. New company has to file completely new application starting with PERM and so on. Now, you have benefit of using same priority date from last filing. You actually have to apply for that which is called "Recapturing of Priority Date". It is has to be approved to take in effect and, you do that with other applications with new company. I don't know & you don't know when your priority date is going to becoming current for you, but, in order to apply I-485, which is third and last step of green card (after I-140), you must have I-140 approved in hand with new employer.

[kmadanu]

Thanks for your answer. It helps