w112nxs Posted July 7, 2013 Report Share Posted July 7, 2013 I had an I140 approval from Employer A, and using this approval i got an H1B with employer B and currently on end of 7th year of H1B. Last month, Employer A has withdrawn my I140, and my current H1B is still valid till Jun 2015. Employer B has not yet started with my PERM + I140 application Is it possible to move to an Employer C via a h1B transfer without a valid I-140.. ? Link to comment
Attorney_11 Posted July 7, 2013 Report Share Posted July 7, 2013 Typically an individual may seek extensions beyond the sixth year in H1B classification if they are the beneficiary of a labor certification (or an I-140 petition if a labor certification is not required) filed at least 365 days prior to the end of the sixth year in H1B classification or they are the beneficiary of an approved I-140 petition with a priority date that is not current according to the DOS visa bulletin. Generally, it has been observed that the USCIS will not extend stay, change status or change employer for an individual seeking H1B time beyond the sixth year unless they can establish that they are eligible to extensions beyond the sixth year pursuant to AC 21. Link to comment
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