New offer after new I140 on 6th year


Kris101

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Posted

My 6 years of H1B is about to expire soon in less than 6 months. My employer informed that I have to wait for sometime for them to decide on the 7th year extension. My I140 is approved with the current employer. I have found another job that is willing to sponsor H1B. I need advice to know whether my taking offer with new employer will get me a new 3 year H1B extension with the I-94 validity of 3 years. If not then will the new H1B have the same current expiry date of less than 6 months from now? If yes then the company may do a GC process but I am doubtful whether the I-140 would get approved within few months from now because the labor certification would first take up few months. I need advice on what would be the best decision whether to stay with current employer and hope that they file extension or take new offer if that new offer would get a new H1B validity of 3 years? Thank you.

Posted

How is it possible that a company files your Immigration petition and then hesitates about your H1? As long as the I140 is valid before you file your new H1 through the new sponsor you should be able to get the 3 years, all other things being equal. You should get a Good Lawyer involved on your side. Its only money.

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