3 yr extension after I-140 approval

[s2condlife]

Hi, I  worked on OPT in 2011. Got my H1 approved for 1 year in Jan 2012. In Oct 2012 I got my I-140 (premium) approved. In November 2012 my company applied for H1 extension and I was told my I-140 approval would be submitted along with my extension application. But I only got a 1 year extension again. Talking to my attorney now I am *not sure* if actually my I-140 approval was submitted last year with my extension application.

 

If submitted with a I-140 approval is it guaranteed that USCIS will approve an extension application for 3 years? Or could they still approve it for 1 year?

 

Just trying to understand if I insist and somehow my attorney applies for my extension with my approved I-140 I can expect a 3 year approval? So painful to work with a 1 year approval :-(

 

thanks!

[Attorney_10]

Generally, an approved I-140 petition provides a basis to request an H1B extension of up to three years. However, a three year approval is not guaranteed. The documentation must still support that sufficient specialty occupation work and a bona fide employer-employee relationship will continue for the entire duration requested. If this is not supported by the evidence, USCIS will approve the petition for a shorter duration. Please schedule a consultation with an experienced immigration attorney to discuss the specific facts of your case in more detail.  

[arvind_shanbhag]

Hello, here is my another situation.

I may get an offer from employer B - they are investigating this case, so I wanted to ensure this is feasible. 

 

Some facts:

1. I have PERM and 140 Approval from Employer A (priority date Nov 12th 2012)

2. My current H1b with employer A for the last 6 years is ending on 26th September 2013. Employer A has filed for an H1B extension (not premium) Current status is pending/ In process. 

 

Questions:

1. Does the new employer B only need my I-140 Approval receipt to file for an H1B extension? Hoping a scanned copy should suffice ? What other documents are needed from me to be given to the employer B?

2. Does the extension have to be filed by the employer B before my current H1b with employer A is ending on 26th September 2013? Or it doesnt matter when my Current H1b with employer A is ending and employer B can file for extension in premium without any problems expected from USCIS if filed after 26th September 2013 after my current 6 year H1b has ended? (I am currently able to work legally since my H1B extension from employer A is in process). 

3. I have read in some forums / websites that USCIS needs employer A job experience letter sometimes for extension - obviously, due to confidentiality I cannot get this experience letter. Will this pose any problems? If yes, then how do I mitigate this situation?

 

Any help/ insights here would be appreciated. 

 

Thank you,