Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
Sign in to follow this  
smani01

H1B-7th year extension - clarification

Recommended Posts

 

I have an approved I-140 for my academic position from my former employer (university). However, i have subsequently changed employers and presently at a different university - although the department/field is still the same, the category of my employment is different  Pay wise there is not much difference between the positions although the new position is in a different state. 

Given this background and what i have read here in the forums about members expressing concern about changing position/employer, i wanted to know this. Whether an H1B extension beyond the 6th year could be filed by my new employer just on the basis of  the approved I140 from my former employer? Or would starting the green card process (starting from PERM) be necessary all over again (or making any amendments be necessary) to extend the H1B?

I recall @pontevecchiosaying 

"If you have an approved I-140 with ANY employer, ANY employer can file a three year extension based on the approved I-140. If the I-140 has been approved more than 6 months back, you are entitled to any number of 3 year extensions with ANY employer till the PD of this I-140 is current."

However, reading the posts of other members here (who had changed jobs or whose job nature changed (from business to technical etc.,) and whose attorney recommend amending the H1B/Green card application or restarting the process, i just wanted to confirm my understanding is right.

Thank you.

 

Share this post


Link to post

Once an I-140 has been approved for 180 days plus, you are entitled to further H1 extensions beyond the initial 6. If you are interested in the GC, the new employer would need to file for you. 

You should discuss your matter with a lawyer. 

Share this post


Link to post
On 6/5/2019 at 6:34 AM, pontevecchio said:

Once an I-140 has been approved for 180 days plus, you are entitled to further H1 extensions beyond the initial 6. If you are interested in the GC, the new employer would need to file for you. 

You should discuss your matter with a lawyer. 

Thank you very much @pontevecchio for the clarification.

I was expecting a notification in my mailbox about a reply to my query and do not remember seeing one till now. I just logged in to see why there was no reply for so long and saw your reply. Appreciate your help!

It's good to know that one is entitled to further H1 extensions beyond the initial 6 if the original I-140 has been approved for 180+ days.

 

"If you are interested in the GC, the new employer would need to file for you. You should discuss your matter with a lawyer."

 

Yes, i want the GC process started by my new employer as it's been a while since i joined them. However, the employer's in-house legal team said since my priority date is not anywhere near the current date, there is no rush to start the process.

How could i present my case to make them start the process - because end of the day if they keep telling the department there is no rush given that already i have an approved I-140 the department may not initiate the process. I want the sense of security knowing the process has started but not sure how to present my case strongly (convincingly). 

I would greatly appreciate any help and guidance with this. Thank you.

 

 

 

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  
×