H1B extension issue

D

DEC152005EB2

Registered Users (C)
Hello all,

My H1B 6 years period getting over in few months. I have EAD, approved I-140. I want to change current employer, but I donot want to use EAD. I would like to file 3 more year extension my attorney told I am eligible for that.

Is it possible to file H1B extension for 3 years with new employer by using current employer's approved I-140?

Thanks in advance.
 
Absolutely you can but....

DEC152005EB2 said:
Hello all,

My H1B 6 years period getting over in few months. I have EAD, approved I-140. I want to change current employer, but I donot want to use EAD. I would like to file 3 more year extension my attorney told I am eligible for that.

Is it possible to file H1B extension for 3 years with new employer by using current employer's approved I-140?

Thanks in advance.
Click to expand...

Absolutely you can, but if you don't file I-485. once you filed I-485 then you have to use EAD.
Good luck
 
I have filled I-485 last year July 2007. I know that I can apply H1B extension with current employer, but I donot wanna do it, I wanna do it with new employer.

Are you sure about this?
 
GC_Dec2002 said:
Absolutely you can, but if you don't file I-485. once you filed I-485 then you have to use EAD.
Good luck
Click to expand...


No you are wrong. I got my 3 year extension based on I-140 approval. My I485 was filed way back in September 2007; got my EAD and also my AP.

You can file 3 yr extension of H1 as long as your 485 dates are not current and I140 is approved.

Got my stamping from Canada last week.
 
it's good to hear

I mentioned that wanna to apply extension with new employer not with current employer, but Approved I-140 is the current employer's one.
Have applied I-485 last year.

is it still possible?

resident1374 thank you for ur reply
 
You are eligible for 3 years only if your country of charge ability is under retrogression. Otherwise you will get 1 year extension.
 
H1B for New Employer After 485

My opinion:

Once you have I140 approved and I485 filed, you can still use your H1B. You don't have to use your EAD.

If you want to change your job, you can use EAD, thus lose your current H1B status (you have to apply for a new H1B if you want to come back to H1B status), or you can transfer your H1B to the new employer. You can file transfer/extension at the same time.

It is OK to have I140 from one employer, and file extension/transfer with another employer.

When you file your H1B extension, specify you need 3 years. Whether you will get 1 year, or 3 years based on an approved I140, it is a gray area. The regulation says "if your I140 is approved but due to retrogression you can't file I485 then you can get 3 years extension". It doesn't say what if I140 is approved, I485 is filed, then it is retrogressed. Only God knows what you will get at this situation.
 
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But since you are now transferring H1b to new employer and working on H1b with new employer, what happens to GC?
You have filed 485 from old employer, means you will need join the old employer once GC is approved (since you are not invoking ac21 by working on EAD).
 
Cannot I use AC21 now?
Justdoit: you are saying I could not use AC21, If I transfer H1B? Are you sure?

What I think is since I have filled 485, I am eligible to use AC21. If this is not correct then how guys are transfering H1B's.

Once my GC is approved, I donot wanna come to current employer.
 
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