H1B extension for approved NIW I-140 (Employer not aware of my approved NIW)!

[alex09]

I have an NIW-based I-140 approved few months back. I haven’t filed for I-485 yet. My first three years on my H1B are expiring by end of Sep and my employer wants to file for my H1B extension shortly.

As my NIW was self-petitioned, my employer is not aware of it. Now, should I inform my employer about my approved NIW I-140? Is that mandatory? I prefer not to inform him (unless it is a must or strongly preferred) as I have plans to change jobs but that probably will happen after Sep. Will my employer come to know about it from USCIS, for instance, once they file for my H1B extension? Finally, is it possible to extend H1B on regular basis (not based on my approved NIW I-140 petition) or will USCIS object on that?

Finally, assuming that it is possible to extend my H1B independently of my NIW petition status, is it better to do so or it is preferred to extend based on my approved NIW I-140?

I’m not from a retrogressed country but I want to wait for more several months before filing for my I-485.

Thank you in advance!
Alex

 

[ginnu]

I have an NIW-based I-140 approved few months back. I haven’t filed for I-485 yet.
My first three years on my H1B are expiring by end of Sep and my employer wants to file for my H1B extension shortly.
--------------------------Let the employer file H1 extension
As my NIW was self-petitioned, my employer is not aware of it. Now, should I inform my employer about my approved NIW I-140?

Is that mandatory?
---not a must as it was filed by you directly and your employer is not party to it
I prefer not to inform him (unless it is a must or strongly preferred) as I have plans to change jobs but that probably will happen after Sep. Will my employer come to know about it from USCIS, for instance, once they file for my H1B extension?

----------No employer will not come to know about your I-140 approval.

Finally, is it possible to extend H1B on regular basis (not based on my approved NIW I-140 petition) or will USCIS object on that?
------- if you have pending 3 years then employer can file H1 extension for 3 years. employer should get LCA for 3 years.
Finally, assuming that it is possible to extend my H1B independently of my NIW petition status, is it better to do so or it is preferred to extend based on my approved NIW I-140?

I’m not from a retrogressed country but I want to wait for more several months before filing for my I-485.

Thank you in advance!
Alex

If your I-140 approval notice has A# on approval notice then it is better to inform the lawyer so that he/she can write A# on I-129 form. I dont understand why you dont want to inform about your I-140 approval. Employer cant do anything to your I-140 as it was filed by you. why are you scared of employer???

 

[Concerned4us]

Are you not concerned that your lack of honesty with your employer might color his recommendations you might need from him in the future?

 

[alex09]

Thanks for the reply ginnu and Concerned4us!

Well, actually I’m not scared of informing my employer. The story briefly is that I asked the HR department few months back to file for my GC and they told me to wait for a year or two until economy gets better. They said a previous petition has been audited and they are not ready to go through that hassle again.

Currently, I’m getting very good offers (much better than my current job) from other firms but most of them require permanent residency or citizenship. Even though my employer is large firm, it is well known by its relatively low salaries etc. I have been with them so far to gain good experience and I believe I have it now. I have requested for a promotion and salary increment few weeks back and if I inform my employer about my NIW approval, than it might be interpreted as I’m in process of job hunting and might affect my promotion and salary increment requests. This is just my personal interpretation which may not be correct, and may be I’m a little over skeptical!

Regarding the recommendation letters, that is a good point, but I deal with several senior managers and directors so I believe some of them will not mind giving me good letters if I need.

Thank you again,
Alex