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Old 01-25-2010, 08:35 PM
Ravi79 Ravi79 is offline
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Default In 6th year of H1B , I140 appoved, need employer change and H1B extention

Hi,

I am working for a consulting company on H1B. I am on my 6th year of H1B which expires on Jan 2011.

I have my I-140 approved.

Due to the recent change in immigration laws(Memo on Jan 08, 2010), I am planning to take full time employment.

I have the following queries.

1. If I tranfer my H1B to the new employer, can I get my H1 extention for another 3 years on the basis of my approved I-140 or will it be only till Jan 2011?

2. If I only get till Jan 2011, will I get enough time to file for new labor ? or Will it be good to take full time employment after my next extention, which should be for 3 years based on my approved I-140?

3. Even after trasfering my H1B, Is it possible to continue my I-140 and GC processing with old employer?

4. I would like to process the GC with new employer too. Will it be OK to have two parellel GC processings at the same time?

I need to make a decision ASAP. Can any one advise me on this please?

Appreciate your response...

Thanks & Regards,
Ravi09
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  #2  
Old 01-25-2010, 11:04 PM
anilsal anilsal is offline
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Default I am not a lawyer

but from my knowledge, the H1B extension is provided on an approved 140 with the current employer only. Once the extension arrives, you can then transfer to another H1B and start a fresh GC (you will retain the PD of the approved labor).
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  #3  
Old 01-26-2010, 01:24 PM
mk26 mk26 is offline
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Default

Quote:
Originally Posted by Ravi79 View Post
Hi,

I am working for a consulting company on H1B. I am on my 6th year of H1B which expires on Jan 2011.

I have my I-140 approved.

Due to the recent change in immigration laws(Memo on Jan 08, 2010), I am planning to take full time employment.

I have the following queries.

1. If I tranfer my H1B to the new employer, can I get my H1 extention for another 3 years on the basis of my approved I-140 or will it be only till Jan 2011?

2. If I only get till Jan 2011, will I get enough time to file for new labor ? or Will it be good to take full time employment after my next extention, which should be for 3 years based on my approved I-140?

3. Even after trasfering my H1B, Is it possible to continue my I-140 and GC processing with old employer?

4. I would like to process the GC with new employer too. Will it be OK to have two parellel GC processings at the same time?

I need to make a decision ASAP. Can any one advise me on this please?

Appreciate your response...

Thanks & Regards,
Ravi09
I beleive you can always get 3 yrs ext if you have approved I-140 (should not be revoked by employer who file labo and I-140). make sure the risk is covered that your old employer should not revoke the green card petition.
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