6th year and changing company with approved I-140


taruny

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Posted

Hi

My H1B is expiring in Sep 2013 and it will reach its 6 year cap limit.

I have approved I-140 petition with priority date of June 2010. I have a new job offer that I want to move on with.

When I transfer my current H1B to the new company, am I going to get renewed for 3 years given that I have approved I-140. Or I have to transfer this one first and then file separately for the extension?

Thank you

Posted

Generally, an individual is permitted to extend beyond the sixth year of H-1B classification if they are the beneficiary of a PERM application filed more than 1 year before the end of the 6th year in H-1B or are the beneficiary of an approved I-140 in a backlogged immigrant category, even if the PERM and I-140 were filed by a different employer than the one with which an indicidual is seeking extension f H-1B beyond the 6th year.

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