5th year H1b from employer A, new job from employer B.


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Hi People,

I need some urgent help in this matter.

I'm currently employed in fulltime with employerA, on h1b and in 5th year. have an approved i140.

My visa stamping is expiring this sept'2013. Employer A has already filed my extension for 3 yrs.

i got a new ft job and employer b is ready to do xfer.

my questions:

- Employer A already filed my H1b Extension to 3 years using i140.

- Employer B is ready to perform a h1b transfer

- will i receive 3 years extension on my h1b as i have an approved i140 from employer A? or will i just get a transfer until Sept'2013 and Employer B has to do another extension sometime before september?

-will i get only 1 yr ext from employer B as I'm still due to finish 6 yrs?

- should i really consider the new job or am i better off with the old employerA. reason i say this is I'm not sure if employer B is going to file my gc any time soon. apparently they mafter an year.

- if Employer B doesn't file gc in 1 yr, will my 6 yrs be done and I'll have to leave the country?

Please assist. this quite urgent.

Thanks in advance.

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  • 2 weeks later...

Based on an approved I-140, you can keep on getting unlimited H1b extensions till the time priroity

date is current. H1B petitioner need not be the same employer as the employer who filed your I-140.

If company B files your H1B with the copy of your I140, you should get H1B for 3 years through company B.

Risk you have is, if at any time you want to leave company B, and by this time Company B is yet to get

I-140 for you and if company A has withdrawn your I-140 you can not get H1B extension for the new

employer C.

Rest of your question: how fast you can get GC and related. Different people have different priorities.

I won't work in a job for the reason of GC alone. I am not sure about safest route for GC.

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