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mcp_14

140 approved, employer changed - 365 day rule for new employer PERM

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My six years of H1B completed in Feb 2012. My PD with employer A is Feb 2011(EB2) and my I-140 is approved. I got H1B extension until 2016 with employer A.

 

 

I recently moved to a new employer and got one year H1B extension (Till 2016).

 

Question: Am I eligible to apply for an extension in 2016 with out leaving USA if new PERM is still pending and is less than 365 days old ?

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If employer A does not revoke your approved I-140 then you are eligible for 3 years extension. If I-140 is revoked and PERM is not pending for more than a year you are not eligible for an extension.

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not if new PERM is still pending and is less than 365 days old .

You can file extension if I-140 with employer A is not revoked.

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All - I am also in a similar situation working for company 'A' on 8th yr of H1B, PD is Jan 2011, EAD Approved Mar 2011, currently on H1B Extn based on 140 valid till Jun 2016. My question is if I take an offer from company 'B', when they file for my H1 based on my previous I-140 typically what would be the window that we could get the I-797 Approval for? would it be the remaining till Jun 2016 or 3 yrs from the date of approval from the new employer 'B'. Your help with this regard highly appreciated. Thanks!

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All - I am also in a similar situation working for company 'A' on 8th yr of H1B, PD is Jan 2011, EAD Approved Mar 2011, currently on H1B Extn based on 140 valid till Jun 2016. My question is if I take an offer from company 'B', when they file for my H1 based on my previous I-140 typically what would be the window that we could get the I-797 Approval for? would it be the remaining till Jun 2016 or 3 yrs from the date of approval from the new employer 'B'. Your help with this regard highly appreciated. Thanks!

Based on approved I-140 you should get 3 full yrs from the date of filing from new employer B.

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