h1b transfer approved only for 1 year - need suggestion


kas2013

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Hi experts, any suggestion in this respect will be highly appreciated.

I am currently working for Company A for the last 3 years 3 months. My first 3 year period of H1B expired in Oct and got an extension for another three years (till 2016) with the same company A. This company has also initiated my PERM application last month.

I got an offer from another company B last year and they initiated my transfer which has recently been approved only for one year (till Jan 2015). I have not yet joined company B but they are ready to start my GC process as soon as I join them.

I have following questions:

1. I have read somewhere that to be eligible for H1B extension, the GC process should be pending for at least 365 days (not sure if it holds true for all extensions or only those extensions which are beyond 6 years of H1B). So, in case I join company B now and they initiate my GC, it will not be 365 days before my H1B expires. In this case will they still be able to file my extension beyond Jan 2015?

2. In case my GC process is not initiated by company B within the next 1 year, will company B still be able to file an H1B extension for the remaining approx 2 years of my overall 6 years of H1B - this will be the second extension for me within 6 years of allowed H1B, not sure if two extensions within 6 years is allowed?

3. Is it better to stick to the current company A as it will give the entire 3 years (which is already approved) to complete I-140 etc.

The reason I wish to join company B is because they are giving me a better job profile.

Thanks in advance.

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