Visa expiring 3/17, GC start by another company, Visa extn possible after I-140?


kaushalkumar

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Hello,

 

Employer A filed for GC. I became an employee of employer B. When transfer of H1B visa petition was filed, 7th year extension was also applied for as the PERM was pending for >1 year. Visa got transferred to employer B and 7th year extension was received.

 

Employer A didn't pursue I-140 in 6 months window after PERM got approved and the application got cancelled.

 

Now the visa with 7th year is scheduled to expire in March 2017. I am with employer B. Visa cannot be transferred as basis of 7th year doesn't exist.  

 

If a new company C file for GC now under EB2:

1. Are there chances of getting I-140 approved till March 2017?

2. Once I-140 gets approved by March 2017, can a 3 year extension on visa with employer B be applied for and granted?

3. OR can a 3 year extension and transfer of visa to employer C be filed at the same time and expected to be granted?

4. If I-140 gets approved after March 2017 and I have to leave USA. Then it will be a brand new H1B application process under non-exempt/lottery system? And that will I have to stay outside of US for 1 year? 

 

Your time and willingness to help is highly appreciated.

Thank you

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