7th Year : H1B Transfer and got only 1 year based on Previous employer's i-140

[Srisha1278]

Hi,

 

I have approved i-140 and got 3 years extension ( till 06/2018) based on approved i-140 in previous employer and joined new employer and got only 1 year (till 11/2016) based on the SOW letter and previous employer's i-140. Now i'm in 7th year extension and perm processing is not yet started in current company.

is it possible to get the further extension without approved i-140 in current company based on the previous employer labor certification, if i-140 withdrawn?

 

 

Regards,

Srisha

[jairichi]

You can get H1B extension till 06/2018 even if previous employer has withdrawn I140. Any extension after that is possible only with approved I140.

[ashuneel]

Any further extensions after 11/2016 will be  possible only if  previous I-140 is still valid.   AC 21 act requires approved and valid I-140 at he time of extension.

Assuming current employer is unable to show that PERM  is pending for 365 days (  which is not possible as Perm processing is not yet started in current company. ) or get PERM and I-140 approved by 11/2016 you will need the old I-140 to be valid.

[jairichi]

Any further extensions after 11/2016 will be  possible only if  previous I-140 is still valid.   AC 21 act requires approved and valid I-140 at he time of extension.

 

No, that is wrong. Even if approved I-140 is revoked by employer H1B extension will still be possible till 06/2018.

[sandipdjadhav]

Hi Srisha,

I have exact situation like you, may I know you got H1B extension/transfer or not?

Your earliest reply is highly appreciable.

Thanks Much

Sandip Jadhav

 

Hi all, I got the below scenario,

 

1. Entered Oct 2010 with Y Company on HIB , Company Y filed my GC and got my 140 approved. Later they revoked my 140 after I left the company.

 

2. Got transferred to company Z as full time employee in July 2013 and got my extension till July 2016. Got 3yr extension as I had approved 140 with Company Y.

 

3. Now if I go back to my old Y company with whom my I140 was revoked, can he get me an extention for 1 year based on the previous perm as he revoked my I140.

 

Can you let me know what are the other options I would have to get the extension.

 

-Regards,

Lads