MrNRI Posted May 28, 2015 Report Share Posted May 28, 2015 Hi I am working for employer A, was on L1B and I140 approved, last year October moved to H1B. My 6 years will be complete by April 2016. I have H1B approval and visa stamped till February 2017 based on approved I140. If I move to employer B next month my current emp A will revoke the I 140 in 90 days. Question: 1) When employer B files a H1B petition in June 2015 based on approved I140, till what date I might get the extension? 2) Will I get 3 yr extension based on approved 140 for new petition? 3) will the 3 yr extension be considered based on new petition file date or I will just get till February 2017 which I have currently? I wanted to check if I have enough time with new employer to file for GC case after I switch next month and if there is enough time to file or get I-140 approved. Thank You Link to comment
Attorney_20 Posted May 29, 2015 Report Share Posted May 29, 2015 Company B can get 3 years of H1B time if you have an approved I-140 and non-current priority date at the time Company B's H1B petition is adjudicated by USCIS. It may be a good idea to have the H1B petition filed via Premium Processing and wait until it is approved before moving. Something else to think about is whether Company B is willing to start your GC process relatively soon so you can extend H1B status again 3 years from now... Link to comment
MrNRI Posted May 29, 2015 Author Report Share Posted May 29, 2015 Thank you for your inputs Another question I had is If new emp B files H1B and I get 3 yr extension and emp A revokes I-140 in 90 days. What will be my status after April 2016 I.e. Completion of my 6 yrs? Since I-140 is revoked. Can I continue to work for emp B or I have go out of country for one year and come back ? Link to comment
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