Change of Employer and H-1B 3-year extension with approved I-140

[Emperor]

What is the name of your state (only U.S. law)? CA


Hi,

I have PERM and I140 approved (EB2) with my current employer. I am in the 5th year of my H-1B and will reach the six-year limit for my H-1B visa at the end of 2009.

My question is that if I have to change employer next year, will I be able to get H-1B 3-year extension with the NEW employer based on the approved I-140 from my CURRENT employer?

Thanks!What is the name of your state (only U.S. law)?

 

[ImmigAttyLana]

Have you filed the I-485 and just waiting for the priority date to become current or has the I-485 not yet been filed? If it has not yet been filed, then you are not eligible for a green card on the basis of the I-140 under AC21.

 

[Mickyx]

In same boat

Hi,

I am in a similar situation. My I-140 got approved early this year and have a PD of Feb 6 2008. My H1B will complete 6 years in March 2010. My current company got bought over so once the acquisition completes later this month I am in risk for my job. If I change employers at this point, will the new employer be able to file my H1B with 3 year extension beyond March 2010 based on my approved I-140 from prior employer.

I know new employer will have to file new Labor and I-140 but will I still get an extension on my H1B based on my prior approved I-140?

Thanks a lot for your help.

 

[ImmigAttyLana]

Yes, you should be able to get a 3-year extension based on the fact that the priority date is not current but the new employer would have to refile the PERM on your behalf.