H1B transfer got approved beyond 6 years, what to do?


mchads

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I recently switch job and my h1 transfer got approved beyond my 6 years stay on H1B.

My 6 years getting over in Jan 2015(including all vacation time).

H1 transfer got approved till Nov 2016.

 

My PERM was filed in Dec 2013. So if my perm and I140 gets approved before Jan 2015 do I still need to go for H1 extension? Another problem I would have is as my current petition is valid till 2016 I won't be able to file an extension before 180 days.

 

If I140 is approved can I continue to stay in US without any further processing?

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I recently switch job and my h1 transfer got approved beyond my 6 years stay on H1B.

My 6 years getting over in Jan 2015(including all vacation time).

H1 transfer got approved till Nov 2016.

 

My PERM was filed in Dec 2013. So if my perm and I140 gets approved before Jan 2015 do I still need to go for H1 extension? Another problem I would have is as my current petition is valid till 2016 I won't be able to file an extension before 180 days.

 

If I140 is approved can I continue to stay in US without any further processing?

Without taking PERM and I-140 into consideration you have to exit by Jan 2015. If your PERM or I-140 is pending more than 365 days or I140 is approved then employer has to file for extension by Jan 2015.

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  • 2 weeks later...

Without taking PERM and I-140 into consideration you have to exit by Jan 2015. If your PERM or I-140 is pending more than 365 days or I140 is approved then employer has to file for extension by Jan 2015.

Thanks Jairichi for the response. As I understand H1 extension petition can not be filed before 180 days of expiration date on current petition. In my case won't there be an issue as petition is valid till 2016?

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Thanks Jairichi for the response. As I understand H1 extension petition can not be filed before 180 days of expiration date on current petition. In my case won't there be an issue as petition is valid till 2016?

if 6 years on H1B gets completed by Jan 2015 and you do not have a PERM or I-140 pending for more than 365 days or an approved I-140 to request for extension you have to exit US irrespective of H1B petition being valid as it was approved in error by USCIS.

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