SAM229 Posted February 12, 2013 Report Share Posted February 12, 2013 Hello, I am currently in 6th year of my H1 and it got extended for more 3 years based on approved I 140 petition from the current employer. Now i got an offer from one of the big indian consulting company but they will not process GC until 1 year. Please provide your suggestions... 1) Will my new H1 will be approved for 3 years? 2) Will the priority date (Aug 2010) will be ported with the new PERM from the new employer? 3) If its taking while(more than a year to apply Labor) from the new employer can i join the old employer and use the approved 1 140 petition unless its not revoked? Link to comment
Attorney_11 Posted February 13, 2013 Report Share Posted February 13, 2013 In most cases, an individual is permitted to extend H-1B classification beyond six years with an employer based on a green card processed filed by a previous employer. Priority dates are retained between approved I-140 petitions, not PERM applications. Unless revoked or withdrawn, the validity of an approved I-140 is indefinite. Link to comment
SAM229 Posted February 28, 2013 Author Report Share Posted February 28, 2013 Thanks Attorney_11. I have one more question, my H1B from current employer is valid until Feb 2016 and i am in 6th year with approved I 140. So when i take transfer to other company will the new H1B get same date or 3 years from the date requested? Is there a possibility that it can extend only 1 year with new employer or USCIS will take the same date Feb 2016? Link to comment
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