H1B Extension in 7th year


mprindia

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Hello Sir,

I am in my 7th year of H1B. Here is my situation...

My i-140 is approved with company A in 2008 and changed my employer in 6th year of H1B to employer B.

PERM labor is approved with Employer B and he is in the processing of filing my I-140.

My H1B is coming to renewal in coming december 2011 with Employer B. At this point, can my current employer(B) ask 3 years extension with Employer A approved I-140?

Thanks for your time.!

Venkat

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Generally, pursuant to the provisions regarding extensions of H1B status beyond the normal six year limitation, if an I-140 petition was filed on a beneficiary’s behalf in the first three employment categories and the I-140 is approved, but due to the per country limitations is unable to adjust status, the individual would typically be eligible for a three year extension of the individual’s H-1B status. However, the I-140 must be valid at the time the new H1B petition is adjudicated. If you have additional questions is it advisable to speak directly with an experienced U.S. immigration attorney.

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