H1B extension after 8yrs with approved I-140 from previous employer


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I'm on 8th year of H1B. My I-140 got approved when I was at 6th year through employer A. Then I joined full time with employer B and they got extension for 3 years (ends Feb-2014) based on the approved I140 from employer A. Then employer B filed PERM and got into audit (still pending). In this case, can employer B file for another 3 extension based on the same I-140? 

I checked the status of that I-140 on the USCIS website and it seems to be still active.

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Thanks for your reply. Can I rely on the status on USCIS website? My I-140 was approved in 2010, the status shows still approved. Does that mean my previous employer has not revoked that yet? Even if they revoked, because it is not for fraud or misrepresentation, can my current employer still use that? 


I'm not sure if my current employer is going to file the extension (second time after 6 years), based on the fact that my current PERM is pending for more than 365 days OR based on the approved I-140 from previous employer. They have already used it once during my transfer from company A to B.

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Can you rely on the UCSIS site? I would say 99% its accruate. Else, you may also ask your previous employer about the same. If the I140 is not revoked then your current employer can still use the PD and also renew your H1B.


Also I believe PERM should be approved and only after 365+ days your employer can extend H1B for 1 hr...not sure whether its Pending or Approved state.


Good luck.

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  • 4 weeks later...



Just wondering if you found an answer to your question. I am in a very similar situation as you. I have an approved 140 from previous employer (EB3) and I am about to file PERM with my new employer.  I already got a three year extension based on my 140 from previous employer. My visa will expire in another 2 years. So, I was wondering whether we can keep extending the H1 indefinitely as long as the 140 is active?

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