H1B extended ONLY for a year even with approved 140 from previous employer


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     I recently switched employers. I have an approved 140 from Employer A and also had 1st H1 extension through Employer A itslef for 3 years ( Oct 2012 - Oct 2015). I switched to employer B in July 2014 hoping to get a 3 year extension due to the approved 140.


To my surprise i only got a year ( July 2014 - July 2015) even lessaer than my original extension period with Employer A (Oct 2015).


Is there a specific reason why USCIS would have granted only 1 year ?


Employer A - Full time , Big Company

Employer B - Contracting company



1. Could it because of the contracting reason ? Project Duration ? The PO was provided in the extension document and it kind of mentioned 6 months.




2. Could it becuase if Employer A had started 140 revokal ( guessing) ? I am not sure of this. In case it has been revoked whhile the H1 transfer is in progress , the most likely result is that my extension would have got denied rather than extended for a year. Am i right ?


3. I have asked my employer B and attorney to check if there is a genuine mistake from the USCIS side as i have noticed in someone's forum thread that it has happened in the past.



4. And most of all, this is my major concern. IF the  USCIS doesnt re-consider the above appeal from my attorney and holds thier decision, what is my timeframe in getting the new GC process (EB2) started ?


     a. Considering my H1 is valid until July 2015 , and there is no guarantee that my 140 wont be revoked by old employer and hence can't renew my h1 anymore using the old 140 , what are the implication ?


                    i) should i immeidately start my new PERM process ?

                   ii) with the labor certificatio taking a long time these days , if i dont get an verdict on my new PERM within the H1B expiry period, can i renew my H1 based on pending PERM ?


Thanks for your time ! Appreciate your help !


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  • 1 month later...

1) I was on the same boat. So many thing will play when H1B transfer (change of employer) applied by the new company. One of them is if the employer is into consulting business then they have to show clear work orders/client letters et al  supporting documents t prove that there is work for next 3 years. Ex: If they show a client letter with work for 1 year, why would USCIS gives H1B extension for 3 years. It clearly mean that there is no work after 1 year. If you get new work you have to apply for extension with new work order. And once you change the employer, previously approved H1b extension with previous employer is of no value.


2) When Employer B applied for H1B transfer i don't think you told Employer B that H1 transfer is in progress. You would have informed employer A after your H1B transfer is complete. Check your last modified date of your I140 case on USCIS site and see when was it last updated. If not updated recently then it  means ( thats what i as told ) your I140 wasn't revoked.


3) Check with your employer on the work order/client letter for duration he submitted

It would work for product based company to avoid such issues. Because product based companies don't have to prove that they have work only for a year or so. They just submit companies profile with their business information which is good enough.


4) Get your GC process started asap 


Generally companies do not revoke I140 ( nothing is guaranteed ) but if its revoked , it can't be used for extension.

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