H1B 6th year and GC process


Kamrekha1

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Posted

Currently I am with Employer A .My H1 max out date is on Apr 2014 .I got my I140 approved with my Employer A . I have only I140 receipt number not approval document 

 

I got a Full time requirement with Employer B .Employer B  will file my GC after 1 year ( Oct,2014) .

 

 

1)  If Employer B files my H1 , will I be getting 3 years extension as my I140 approved with Employer A ?

 

2)  Is there any specific time that I should file my GC with Employer B as my H1B Max out is on Apr 2014 ?

 

3)  If Employer B H1 gets approved till only Apr 2014 and can I get extension again before Apr 2014 with this I140 receipt of Employer A.?

 

Please help !!!

 

 

Posted

Generally, pursuant to the provisions regarding extensions of H1B status beyond the normal six year limitation, if an I-140 petition was filed on a beneficiary’s behalf in the first three employment categories and the I-140 is approved, but due to the per country limitations is unable to adjust status, the individual would typically be eligible for a three year extension of the individual’s H-1B status. However, the I-140 must be valid at the time the new H1B petition is adjudicated. Therefore, to ensure your ability to obtain an H1B change of employer petition beyond the normal six year limitation with company B it is advisable to speak directly with a qualified U.S. immigration attorney prior to making any changes. The Murthy Law Firm has a very well-regarded H1B Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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