I-140 approved, new employer, PD current but new employer hasnt started the green card process yet


jhulloli

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I am currently on 5th year of my H1B, I got my I140 approved from Employer A, but currently I am with employer B with H1B valid until Jan 2014 (got 3 year extension due to approved I-140). Employer B hasn't started my green card process yet.

My question is

What if my PD becomes current in the next month, and I cant start my green card process with the new company in the next few months, will my H1B still be valid until Jan 2014 or I get only 6 year H1B time?

Can I still get extention of my H1B after Jan 2014 if my PD is current but my green card has not been initiated with the employer B?

Truly appreciate your response.

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Your H-1B will still be valid until Jan-2014.

You can get 3 year extension of H-1B beyond Jan 2014 based on your approved I-140 if it is not revoked by Employer A.

But in the meantime if you get another I-140 from your current employer, you can use that to get 3 year extension of H-1B beyond Jan 2014.

Please also talk to your lawyer to confirm whatever you read here.

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