I-140 - H1B Extension

[arinaoswald]

01/2010 - Started worked on H1B with Employer A

12/2010 - Labor and I140 approved

01/2012 - Moved to Employer B and did not leave Employer A amicably

10/2014 - I140 filed with Employer B

09/2015 - H1B with Employer B up for renewal

 

Currently I140 is still not approved even after 9 months and H1B is up for approval in 3 months.

 

Can I use the old I140 from Employer A to get a 3 year H1B extension before my I140 is approved with the new employer.

 

Please advise.

 

[jairichi]

01/2010 - Started worked on H1B with Employer A

12/2010 - Labor and I140 approved

01/2012 - Moved to Employer B and did not leave Employer A amicably

10/2014 - I140 filed with Employer B

09/2015 - H1B with Employer B up for renewal

 

Currently I140 is still not approved even after 9 months and H1B is up for approval in 3 months.

 

Can I use the old I140 from Employer A to get a 3 year H1B extension before my I140 is approved with the new employer.

 

Please advise.

You can use old employer's I140 only if not revoked. Otherwise if I-140 is still pending for approval for more than a year your employer can request for 1 year extension based on that.