H1B extension based on approved I-140, changing employer


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Here is my situation.


My PERM was filed in May 2014, I am in 5th year of my H1B (ends September 2015). I expect the PERM to be completed by September/October 2014 and I140 approved by October/November 2014 (using premium processing). I am trying to decide on best course of action and here are the questions:


1. Can I get my H1B extended for 3 years (after I receive approved I-140) ? If so, will that 3 year period start after the current term ends (September 2015) or will I lose the remaining period from the initial term. Also, how long will the process take if I use premium processing?


2. If I change my employer after receiving 3 year H1B extension and my current employer cancels the I-140, will the 3 year extension still remain valid or will the original term (ending September 2015) will be the end of H1B visa period (assuming the new employer has not started a fresh process)?


3. If I change employer before receiving approved I-140, does the I-140 application automatically becomes invalid (because I am no longer with the company) or can I use that I-140 (when approved) to get an H1B extension, while working with a different employer (assuming that the previous employer has not canceled the I-140 and the new employer has not started the process again)?


Thanks a lot for your help. 

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Thanks for the quick response, couple of follow up clarifications.


1.Nothing is lost. No period of H1 petition approval shall exceed three years at one go. Based on an existing approved I-140 you are entitled to 3 year H1 extensions with any employer.




3. Please make the question less confusing in order to give you a precise answer.


Just to confirm , the "yes" to question 2 is for 3 year extension still remaining valid, even if the I-140 is cancelled.


For no. 3, what I meant to ask was.


If I change employer from A to B, while my I-140 process is still underway with employer A, i.e. have not received approved I-140. Can I use that I-140, once approved, to get my H1B extended with employer B, even though the approved I-140 is with employer A.


Thanks again for your help. 

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