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Old 07-27-2010, 07:54 PM
anny26 anny26 is offline
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Default Does an approved I 140 from a previous employer make me eligible for my H1 extension?

I have an approved I 140 from employer A and was laid off. I 'm currently with employer B and now I'm on my 5 th year on H-1, they haven't filed my Labor yet. Can I join another company C now, Would I still be eligible for another extension on my H-1 B with this new Company C? If so for how many years?
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Old 07-27-2010, 10:03 PM
rajenk rajenk is offline
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Originally Posted by anny26 View Post
I have an approved I 140 from employer A and was laid off. I 'm currently with employer B and now I'm on my 5 th year on H-1, they haven't filed my Labor yet. Can I join another company C now, Would I still be eligible for another extension on my H-1 B with this new Company C? If so for how many years?
Yes you can. Provided the I-140 was not revoked. Based on the approved I-140 (from company A) you can get 3 years if the Priority date on your I-140 is retrogressed. You can use that for any number of company as long as the company A when inquired does not revoke the approved I-140.

Consult a good attorney to get the renewal done properly.

Good luck
Raj
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Old 08-03-2010, 06:09 PM
anny26 anny26 is offline
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Thank you for your response, Raj.

So If I transfer H-1 now to Company C . I would get 1 yr extension, and then they should apply for another extension for 3 years using the previous I -140. Shouls Company C also file for Labor before claiming 3 yr extension?

Please let me know the precise steps.

Thanks much for your help.
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Old 08-03-2010, 06:33 PM
mrudul_hr mrudul_hr is offline
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when you are filing for H1 transfer file it along with the copy of I140 so that you get your H1 extended for 3 yrs. the Company C can start filing for Labor approval immediatly and does not have to wait for approvals to come.
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  #5  
Old 08-03-2010, 06:42 PM
anny26 anny26 is offline
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Thanks a lot for your quick reply, Mrudul.

My question is more in the lines of - would my status be in jeopardy if Company C does not file for Labor immediately.

Can I get 3 yr extension first, for now and then file for Labor later on - say in my 9 th year (I hope not to wait so long !)
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Old 08-04-2010, 04:11 PM
rajenk rajenk is offline
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Yes you can get 3 year first and then your company C can file for labor later. ( not necessary to file immediately and your status is all safe) To be safer at least in the 2nd year of your new 3 year H1 that you will get with company C.

Good luck
Raj
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  #7  
Old 08-04-2010, 04:15 PM
anny26 anny26 is offline
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Thank you so much, Raj.
Greatly appreciate your clarification.
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