I-140 denied, can I transfer my H1B?


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Hi All,


I have some situation here. My PERM approved and I-140 got denied.

My attorney is filing the MTR. I want to transfer H1B to different employer (this employer is waiting for more than 6 months now).

My H1B is ending on this year October.


My questions are:


1.       If a PERM got approved and I140 got denied can a H1B be extended for 7th year? If we file now, how long it be extended, year from filed or year from expiration?

2.       If a PERM got approved and filed MTR for I140, can H1B be transferred? If yes, can the H1B extends for 7th year?


Please advise. My attorneys are not responding me that well. So i need help.


Thank you!

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Sorry to hear about the denial.  Wish you all the best with the MTR process.  May the outcome be favourable.


I know the answer to your first question - I don't think you can extend H1 based on an approved PERM.  For 1 year H1 extensions, the PERM has to be pending for more than 365 days.


I am unsure of the answer to your 2nd question.


I think a simple google query will help you find that answer.


Good luck and wish you all the best.

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