Can new employer extend H-1B or EAD?

T

The-Dude

Registered Users (C)
Hi, my H-1B is expiring in May 2006, and I'm joining this new company next month under AC-21. My question is will the new employer be able to apply 7th year H-1B or EAD for me (if I don't get I-485 approval by then)? I really appreciate your help!
 
The-Dude said:
Hi, my H-1B is expiring in May 2006, and I'm joining this new company next month under AC-21. My question is will the new employer be able to apply 7th year H-1B or EAD for me (if I don't get I-485 approval by then)? I really appreciate your help!
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if you have pending I-140 or I-485 you will get three years extension irrespective of the employer who applied for your green card
 
tammy2 said:
if you have pending I-140 or I-485 you will get three years extension irrespective of the employer who applied for your green card
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3 year extension? Is this a new law? I though you'll have to renew H-1B every year after 6-year limit.

BTW, yes, my I-140 is approved, and I-485 is pending (case filed in October 2004).
 
The-Dude said:
3 year extension? Is this a new law? I though you'll have to renew H-1B every year after 6-year limit.

BTW, yes, my I-140 is approved, and I-485 is pending (case filed in October 2004).
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No. It is not new . That was the part of AC-21?
 
documents required for h1 8th year extension

tammy2 ,
i dont have a copy of LC or I140 approval can i still get h1 extension from new employer.I have 485 receipt will be sufficient to get h1 extension.
Please advice
 
tammy2 said:
if you have pending I-140 or I-485 you will get three years extension irrespective of the employer who applied for your green card
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That's only if the priority date is not current. If he's EB2 then he'll get the standard 1 year extension.

And in answer to the latest question, the only evidence you'll need is that your GC has been pending for 365 days or more. If the I-485 alone has been pending that long, you'll be fine.
 
TheRealCanadian said:
That's only if the priority date is not current. If he's EB2 then he'll get the standard 1 year extension.

And in answer to the latest question, the only evidence you'll need is that your GC has been pending for 365 days or more. If the I-485 alone has been pending that long, you'll be fine.
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Thanks for the replies, guys. My case is EB-2. I just got an e-mail from my lawyer and basically it's the same as what TheRealCanadian said - "if your I-485 has been pending for more than 365 days, your new employer should be able to apply H-1B extension for you."

Further more, my H-1B expires in May 2006. Since my I-485 was filed in October 2004, it'll be pending more than 365 days by then. Therefore in addition to transferring my H-1B visa to my new employer, they also applied an 1-year extension which will cover through May 2007.

Nonetheless I think having a copy of your I-140 approval notice and your ETA-750A/B is important, just in case you need to invoke AC-21 at some point in the future. Lucky for me, the lawyer of my current employer released these docs per my request.
 
The-Dude said:
Nonetheless I think having a copy of your I-140 approval notice and your ETA-750A/B is important, just in case you need to invoke AC-21 at some point in the future.
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It's somewhat helpful, but by no means necessary.
 
h1 transfer + extension eb3/pd 09/2002

Dear TheRealCanadian,
Your response anwsered my question also.
One more question my I140 RD :06/2004 AD:11/2004
EB3, PD: 09/2002
I have onine case status screen print showing the approval.
Can I try submitting my transfer+extension with that?.
Nothing to loose. Worst case i will work on EAD.
Thanks for your response.
 
gc4vijay said:
I have onine case status screen print showing the approval. Can I try submitting my transfer+extension with that?
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You don't even need that. Just provide the petition # for the I-140, and you should be fine. Where establishing eligibility gets sticky is if your priority date is based on a pending LC petition and you have not even filed the I-140, since USCIS has no records in their system.

Since you have an approved I-140, you should not have a problem.
 
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