Can I get my 7th year extension on my h1b based on previous company i 140 approval

[sarath456]

Hi,

I recently moved from company A to company B. I have got I 140 approval with company A.

Now my 6 years of H1B will expire on Jan 28th 2013, so my new company has to file my green card before Jan 28th 2012, which is looking tough for me.

My question is if in case, my new company failed to file my green card before that date, can i 7th year approval based on previous company I 140 approval?

Thanks in advance.

[excellent]

http://www.murthy.com/chatlogs/ch041111_P.html

Go through the first question. I have asked the same question in April and got the answer from Murthy. I have moved back to my previous employer for 7th year extension and continue the green card process.

[sarath456]

Hi Excellent,

Thank you very much. Link which you shared, exactly answered my question. But still, i have one more question, which is extension to my earlier question.

Before:- I was with company A, Green Card applied in EB3, I 140 got approved. Has H1B validity till Feb 2014. H1B 6 years tenure will end by Jan 28th 2013.

Intention:- If I go to new company, I can process my green card in EB2, I will get H1B extension for another 3 years, so that with in that 3 years time, I can start my new green card process with company B (new company)

Actual:- Changed to company B. While H1B transfer attached I 140 approval copy. Documented perfectly and requested for 3 years of H1B extension. But USCIS gave me H1B extension till September 28 2012.

Question:- my new employer (company B) has to file (compulsory, mandatory) my labor to green card before 365 days of my 6 years H1B tenure (which is Jan 28 2012) OR even If I failed to file labor to that that, using old company approved I 140 (not withdrawn) still I can get 7th Year extension?

I hope you understand my question. Please answer so that I will plan accordingly. Of course I will try my level best to force my new employer to file my gc by the required time frame, but as it is big MNC chances of failures are more.

Thanks & Regards,

Madhu Chenna.