manjusha78 Posted January 29, 2013 Report Posted January 29, 2013 Hello: Currently on 6th year of H1B – expires Sep 2013. My I-140 with current employer(A) got approved in Dec 2012. Have got a better offer from another employer(B). 1. If I join employer(B) will my H1B get extended for 3 years based on my existing I-140 status? 2. If current employer(A) revokes my I-140 after I join employer B, will my H1B get affected? 3. When does the new employer(B) need to file my labor? Thanks in advance
Attorney_11 Posted February 11, 2013 Report Posted February 11, 2013 Generally, an employer can seek extensions beyond the sixth year for an employee who is the beneficiary of a PERM filed more than a year before the end of the employee's sixth year in H-1B status or is the beneficiary of an approved I-140 in a backlogged immigrant category. Extensions beyond the sixth year are not permissible if an I-140 is revoked. Generally, it is prudent to pursue a green card application with an employer with whom one has the intention to work full time in a full time permanent job opportunity as soon as permissible and possible.
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