H1B extension based on previous I-140


ViralShah

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Hi,

 

I have an approved I-140 through company A and I switched my job to company B.

My new employer (Company B) applied for my H1B extension in May 2013 based on the approved I-140 from Company A and I got an extension for 3 yrs (till Apr 2016).

 

Now my new employer is taking a long time to initiate my PERM, so here are my questions,

 

1. If my new employer fails to apply for my PERM a year prior to my H1B expiration (Apr 2016), will they be able to get another 3 yrs of H1B extension based on my previous I-140 (which is not revoked)?

 

2. How many times can I get 3 yrs of H1B extension based on my previous I-140? 

 

 

Please note my 6 years of H1B has already expired, not sure if that matters.

 

Thanks!

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