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Hello All,

I had a questions on H1B extensions based on an approved I-140.

Key highlights of my case follow:

  • I have an approved I-140 from Employer A. Employer A was able to get a three year extension based on the approved I-140. However, I got laid off at employer A. Of note is the fact that Employer A doesn't revoke the I-140.

  • I found employment with Employer B, that was able to transfer the visa and get a three year extension based on the Employer A's approved I-140. The H1B VISA for Employer B is valid through July 2019

My questions follow:

  • Will Employer B be able to get another visa extension post July 2019 based on the approved I-140 from Employer A? It seems that Employer B may not be willing to initiate the GC process until 2018. My concern is that I could risk running out of time on the H1B VISA that Employer B has through 2019.

  • Can I join another employer, say Employer C, and in this case, will Employer C get a H1B VISA extension based on the approved I-140 from Employer A? 

  • In either scenario, once the GC process is initiated, will my priority date be ported as-is?

  • If I leave the country for say a year, will I get six years on the H1B? If yes, will this be subject to the H1B lottery?

Many thanks!

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  • 2 months later...

Did you get your answer?

I have similar question.

Currently on h1b with 140 approved with employer A. Changed to employer B and got 1 year extension. now I have 7 months left and to get visa extension again, does employer B(my current) has to file perm again? or can he use the I-140 that I have from company A.

Please advice

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