GC deadline with older I-140 approval

[cvt20]

I have my I-140 approved from my previous employer and I was with that employer for more than 6 months after it was approved.

I changed my job and my current employer is in the process of filing for my GC. But my current H1B expires on Nov 2012. So the deadline to apply for GC for me is Nov 2011. My PERM is not going to applied before Nov 2011.

How does this affect my next H1B extension? Am I still eligible for H1 extension even though my PERM is not applied before 1 year?

Thanks.

[pontevecchio]

"I was with that employer for more than 6 months after it was approved."

This is totally immaterial. Since you have an approved I-140 you are eligible for 3 year H1 extensions with any H1 sponsor as long as the I140 is not revoked. If you get a 3 year extension and subsequently the I140 is revoked the 3 year H1 extension granted earlier still stands.

[Attorney_22]

Generally, the regulations allow an individual to utilize an unrevoked/not withdrawn I-140 Approval as the basis for a post sixth year H1B extension even when the I-140 petition was not filed by the same employer who is filing the H1B extension. However, unless you also have an I-485 application pending for 180 days or more, and your new position is the same and/or similar to the position described in the I-140 petition/Labor Certification, you will be unable to utilize the protections offered pursuant to AC21. Therefore, unless your old employer will continue the green card process despite your departure, your new employer will need to start a new green card process on your behalf. Please visit the following link for information regarding filing a PERM application in the fifth year of your H1B status: http://www.murthy.com/news/n_lc6th.html.

If you have additional questions regarding this matter please contact a qualified U.S. immigration attorney directly to obtain more detailed information relating to your personal circumstances. The Murthy Law Firm is very well-regarded with extensive experience able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

[cvt20]

This is totally immaterial. Since you have an approved I-140 you are eligible for 3 year H1 extensions with any H1 sponsor as long as the I140 is not revoked. If you get a 3 year extension and subsequently the I140 is revoked the 3 year H1 extension granted earlier still stands.

Will it matter that my current employer is filing for my PERM during my final year of H1B instead of 1 year before the expiration? I just want to make sure that this does not create an issue when filing for H1B extension.

[pontevecchio]

As long as you have an approved I140 from ANY Employer you will get 3 year H1 extensions.