H1B extension already in 7th year


immi001

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Hello

I worked for company A which started my GC application when I was in my 4th year of H-1B. My I-140 stage got approved and then I was let go. The 485 was never applied as the priority date wasn't current at that time.

I joined company B which then filed for my H-1B extension and got a 3 year extension(I am guessing based on my previous I-140 stage clearing) which expires on 7th December 2012.

I am now in my 7th year of H-1B(last year of the 3 year extension) and the priority date of my GC application from company A is current as well.

Since company B is still not starting the GC process for me, I am trying to find a new company which will do my H-1 and GC process simultaneously.

If I change jobs now, do I file for a 3 year extension again on the H-1B or since my priority date is already current so I will only get the H-1B visa till december 2012 ?

Any advice is greatly appreciated.

Thanks

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wow ..you are exactly in same boat like me. I started a thread just few days back and which is just below yours. Since our priority date is current now, present or future employer will get h1b with 1 yr increments only. Murthy Attorny plus my prospective new employer's attronry both replied same. One more problem is future h1 extentions are dependant on previous 140 being remain valid. means they should not be revoked by previous employer. I am surprised your existing company is still not starting it as you are already in last yr with existing company too and then they will be need h1 extention too.

my case is exact similar but only difference i was let go very recently (oct 2011) and my current employer got 3 yr extention till oct 14 so i have time to start process with existing employer. but going to new employer had below issue -

new employer will get 1 yr h1 easily now but then they will need one more 1 yr h1 extention even if they start gc immediately. old approved 140 should not be revoked anytime during this time, otherwise there won't be h1 extentions.

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