approved I-140 and H-1 extenstion with H-1b transfer

M

merrymay

New Member
Here is my case:
My perm was submitted 10/2005. Approved 11/2005. I-140 was submitted 12/2005 and Approved 5/2006. My H1 will reach it's six year's limit by 12/2006. I am laid off and 5/12 is my last day. I have potential offer from another company but we would like to find out whether I can have my H-1 extended beyond 6 years.

Anybody has any exprience of having 3 year H-1B extension using an approved I-140 from previous employer when doing H-1B transfer to a new employer? Does it matter which employer's I-140 it is when doing the 3 year extension? :confused:

If I cannot get the 3 year extension using approved I-140, am I qualified to get one year extension using PERM application? (it was submitted 10/2005 but H-1 will be transferred 5/2006)

Many many thanks.
 
You will get 3 yr extension with your new employer based on old one's I140. Make sure they dont revoke it till you get the extension.

Also, search before asking. These have been covered over and over.
 
Thanks for you response

I tried search, but search failed saying server is too busy.

I don't have 485 filed and it's not going to be >180 even it's filed. So does AC21 still apply to me? Am I still able to have 3 years extension? I would like to know anybody has done this (without filing 485) since attorney of the new company keep saying that I cannot do that. He said I can only have 1 year extension based on LC which I am not convinced that I am qualified to do so (my LC wasn't submitted more than 365 days when my H-1 will be transferred).

Thanks,
 
I think you should worry more about eligibility of AC21 instead of H1b 3 year extension since you haven't filed I-485 yet. I doubt I-140 itself is transferable.
 
Thanks for the reply

I don't even think of AC21 because my I485 is not submitted. I am prepared to restart my GC again. My only concern is whether I can get H-1 extension.

Unfortunately the information I got is that I am only able to do a 1 year extension with this transfer. See following information from Murphy.com.http://www.murthy.com/mb_pdf/061005_P.html
Note the text in RED below that no matter it's a LC or GC filing (I-140), it's going to be 1 year extension as long as it's from a different employer. The next section regarding 104(C) didn't mention different employer at all.

H1B Extension Allowed with Different Employer
©MurthyDotCom
Consistent with a prior USCIS opinion letter, Mr. Yates's May 2005 Memo specifies that it is possible to obtain a one-year H1B extension through Employer A based on a labor certification or green card (GC) filing made by Employer B.
©MurthyDotCom
We at The Law Office of Sheela Murthy find that many people are surprised when we discuss this matter with them, since it is often presumed that the H1B extension must be filed with the same employer that filed one's Labor Certification or has been processing the green card. In fact, since the GC is based on a future job offer, the two processes are considered independent to a large extent.
©MurthyDotCom

Section 104(c) : "One-Time Protection" of Three-Year H1B Extension
©MurthyDotCom
As mentioned above, AC21 Section 104(c) allows for a one-time, three-year extension of the H1B status, beyond the standard six-year limit on H1Bs. These are for individuals with green card cases in which both the labor certification and I-140 have been approved, but the case cannot move forward to the I-485 stage due to the per-country limitations on issuance of immigrant visas. There is no 365-day requirement in this provision. Essentially, this provision is for those who face delays due to visa retrogression caused by the unavailability of the priority dates.

I would appreciate if anybody could tell me that one REALLY got 3 year extension granted at the new company using old company's approved I-140, not only the assumptions.

Thanks,
 
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