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-   -   H1b extension beyond 6 years with i140 from previous employer (

neelu8 08-31-2011 03:01 PM

H1b extension beyond 6 years with i140 from previous employer
I have an approved i140 from employer A (priority date is not current). I have a job offer from employer B that I really like, but is not willing to sponsor my green card but will file for H1. My husband also has his green card process going (approved I-140 with almost similar priority date) from his employer, so I'm willing to consider the offer as long as my H1b can be extended beyond 6 years, which is coming up in about a year.

My new employer has told me that the h1b can be renewed in 3 year increments based on my old i140 without them filing for my green card. I didnt think that was possible. Is it?

injrav 09-06-2011 03:49 PM

I am also on same boat
please update me once you find answer

rajenk 09-06-2011 04:18 PM

Technically it is possible. But don't count on anything that you might get GC through your husband's GC process with in the 3 year. I am not being pessimistic since I have got mine. I am stating the real facts out there. I know one of my friends who is on a indefinite wait in the GC process. Given the current rate of PD movement, I would highly recommend that you get an agreement from the new employer that if your husband's GC does not get approved by another 1.5 years then you would want them to start your GC process.

I am not an immigration attorney, consult with your attorney of choice before making decision.

Good luck.

kprgroup 09-06-2011 04:39 PM

You can renew based on COMPANY - A I140. I am on HIB with 2 time renewed based on previous company 140. Search my old post.


sk.aggarwal 09-06-2011 04:50 PM

This has been discussed several times here. You should get H1 valid for 3 yrs based on the approved I-140 when you will apply for transfer. I am really not sure what happens if your old employer withdraws I-140 and you apply for a fresh extension after 3 years or you switch jobs. However pd is for yours to keep.

I would suggest leaving present employer on good terms with understanding that they will not withdraw. Also speak to your new employer to start GC after say 1 yr. I think you should be OK.

gc_on_demand 09-06-2011 06:18 PM

You can get extension for 3 years
You can get 3 years ext as long as when USCIS approves ur H1b your old I 140 is valid. After H1b approved even if your old employer withdraw ur I 140 it will be ok but for some reason if you loose job or switch new job and old employer has revoked ur I 140 you can't get any more ext but u can get h4 as long as ur hubby has valid h1b.

since u have h4 fall back option you should be ok to change job. Looking at ur PD you will not get chance to get gc until 2013. So you have some time there. unless miracle happens

injrav 09-07-2011 04:55 PM


Originally Posted by kprgroup (Post 2837242)
You can renew based on COMPANY - A I140. I am on HIB with 2 time renewed based on previous company 140. Search my old post.


Hi Kprgroup
it means you have approved 140 with company A
then you moved to company B..... at the time of H1 transfer to company B you submitted 140 approval and got successful 3 years extension
After completion of 3 years in company B,,, again there is a need of extension... So this time also you submitted 140 approval of company A and got 3 years extension

Did I understood your post properly?

MOONNLIGHT 09-07-2011 05:55 PM

I have a similar question:
What will be the status of an approved H1B (beyond six years limits) which was transferred and extended for three years using AC21 on the basis of approved I-140 of the previous (different) employer and this I-140 is now revoked (after approval of H1B transfer & extension) by the previous (different) employer? Will USCIS revoke/cancel the approved H1B once they receive the petition/letter from the previous (different) employer for the cancellation of the underlying I-140 which was the basis for the H1B extension? I have read the AC21 laws, but could not find the answer of this question. Any details on this topic will be highly appreciated.

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