gopalat Posted February 27, 2012 Report Share Posted February 27, 2012 Attorneys, friends, Please help me with the following situation I have an Approved I 140 with Employer A. In my 5 th yr of H1B i moved to Employer B and used I 140 (Employer A's) to get three more years of extension. 1) Can I use that I140 again to extend my H1b with Employer B once My H1b (with Employer B) expires after 3 yrs. 2) If answer is Yes to first question. Can I extend the H1B if Employer A withdraws I 140. 3) If employer A applies I 485 and it gets rejected. Can I use that I 140 to extend my H1B. Link to comment
noauditplz Posted February 28, 2012 Report Share Posted February 28, 2012 1) No. if you use it, an RFE will be issued subsequently a denial as your old employer revokes I140 which is basis for your H1 extension 2) No 3) upon I485 rejection,you can stay legally until your previous H1B is valid but after that you have to leave the country as unless a MTR is filed. Link to comment
gopalat Posted February 28, 2012 Author Report Share Posted February 28, 2012 Thanks noaduitplz If I 485 with Employer A gets denied, but I 140 with Employer B gets approved. I will still be able to extend H1B 3 more years with the approved I 140 and apply for new I 485. Link to comment
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