H1 6th year, Approved 140 - changing jobs - GC

[ravikuwi]

Hi All,

I am in my 6th year of H1 and approved I140 in EB3 with the current employer A. I got an offer with new employer B and my H1 tranfer petitions was approved for 1 year(08/05/2013)(I haven't got extenstion for 3 years eventhough I have approved I140).

My questions is:

1. Is it safe if I accept the offer and If my GC starts in next 1-2 months

2.Can I extend the H1 based on my previous I140 eventhough, my PERM haven't approved with new employer.

I see below from a previous post:

Eligibility for Extension beyond Six-Year Limitation of Stay: Pursuant to terms of The American Competitiveness in the Twenty-First Century Act of 2000 (AC21), the six-year limitation on the total period of stay does not apply to H-1B foreign nationals under the following circumstances:

a. 365 days or more have passed since the filing of any application for labor certification;

b. 365 days or more have passed since the filing of an EB immigrant petition (I140); or

c. The alien is the beneficiary of an approved EB immigration petition (I140) and is not able to file to adjust status to U.S. permanent legal residence based on the unavailability of an immigrant visa number.

I believe none of them will be applicable to me as I am staring new PERM with new employer. Please correct if me, If this is wrong.

[Attorney_22]

Generally, as long as the approved I-140 with company A is still valid (not withdrawn or revoked) it can be utilized for extensions with company B. Additionally, having an approved I-140 only makes you eligible for extensions in three year increments, it does not automatically grant you such extensions. Therefore, it is up to the H1B sponsoring employer to provide sufficient documentation to warrant an extension of the full three years. If you have additional questions it is advisable to speak directly with a qualified U.S. immigration attorney. The Murthy Law Firm has very well-regarded Green Card and H1B Departments with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.