H-1B extension with I-140 approved from old employer

[sulekhauser]

I have my I-140 approved with my current employer with a PD of Feb, 2012. I am looking to move to a new job. My 6 year H-1B period ends in 2014 (around July/ August 2014). My new employer may have 1 year waiting period before he begins the GC process.

So, I was wondering if I could get my H-1B extended at the same time I file for H1 transfer to the new employer? That is, Can I include the I-140 approval notice along with my H-1B transfer petition and get an additional 3 year period on my H-1B?

This way I can wait peacefully till my new employer starts my GC process. I understand that unless I have my labor approved again with the new employer I cannot apply for H-1B extensions.

Please advise!

Thank you!!

[pontevecchio]

As long as you have an approved I140 you are entitled to H1 extensions ad infinitum. No single H1 petition can be approved for more than 3 years.

[sulekhauser]

Thanks for the response! But, I was actually wondering if I apply for H-1 transfer with a new employer, will I be able to file it along with the I-140 that is approved with my current employer and still get a 3 year period (although i will just have 2 more years remaining on my H1?)

In my case,

My H-1B 6 year period gets over by September 2014. But, if I file for H-1 transfer in December 2012, will I be eligible to get a visa for 3 years right away?

I am only asking to see if I can accept an offer from an employer who has said that they will start the GC process only after the first year. If I start with them in Jan/ Feb 2013, I have to wait till Feb, 2014 for the GC process to start (starting with applying for PWD with DOL). By that time, I will have just about 6 months left on my H-1B.

Thanks again!

[sulekhauser]

Does my question make sense? Can someone please respond and advise. Thank you!

[pontevecchio]

Yes. What part of no single period of H1 extension cannot be more than 3 years is unclear? If you have 2 years remaining on the initial 6 years the new company can file for a H1 petition and you will be able to get it for 2 plus one years .