I am being bugged. Please help.

A

angel250

New Member
How can I get a 7th year extension with a new employer based on the PERM and I-140 application with the old employer?

Is it true that if I get I-140 approved with the old employer, even though I am reaching 6 year H1B limit, I can still renew a 7th year H1B with the new employer?

Is it also true that if I haven't got the I-140 approval, the only condition that I can get a 7th year renewal with the new employer is that my PERM application with the new employer has been pending for over 365 days?

Please help!
 
Is it true that if I get I-140 approved with the old employer, even though I am reaching 6 year H1B limit, I can still renew a 7th year H1B with the new employer?
---- Yes

Is it also true that if I haven't got the I-140 approval, the only condition that I can get a 7th year renewal with the new employer is that my PERM application with the new employer has been pending for over 365 days?
---- IMO, it does not depend if the PERM is pending with new or old employer. If it is pending over a year, you can get 7th year. If 140 approved, then you get 3 year extension else 1 year
 
Thanks, Erics. What about the 8th year and so on while my green card petition is in process?

Assuming I am filing LC in May, 2010. I understand that I will be able to extend my H1B for the 7th year, i.e. Sept 30, 2010 to Sept 30, 2011. What about the 8th year, 9th year, 10th year? Is there a limit as to how far I can extend my H1B? Is there any difference if I am with the current employer or with a new employer, e.g. if I switch to a new employer in July, 2010 with the current LC still active/not withdrawn, can I still extend my H1B with the new employer and on what terms, e.g. year by year or just one year? Assuming I am going to file another immigration petition, is there a timeline/deadline by when I need to file my immigration petition with the new employer to be able to remain in H1B status before I get my green card?


Assuming I can get I-140 approved in May, 2011, I understand that I can extend my H1B for another three years, i.e. Sept, 2011-Sept, 2014. What if I still don’t get my I-485 filed by September, 2014 – can I still extend my H1B and on what terms? If after I extend my H1B for three years (Sept, 2011-Sept, 2014) and I need to switch to a different employer (e.g. June, 2011), am I limited in anyway with the new employer for my H1B status extension and do you think it might happen that when I am out of H1B status due to non-extendable H1B visa while the immigration petition is going on with the new employer?
 
These are the basics IMO:
> If you have LC filed > 365, you can extend your H1 for 1 year with any employer, privided you have the proof of LC filing.
> If your 140 is approved (and not withdrawn/canceled), plus you are not eligible to file 485 due to retrogression, then you can extend your H1 for 3 years with any employer. In this case, even if your LC filed is not > 365 days, you will still get the extension. You still need the proof of 140 approval.
> If you are in a category where you do not need to file LC and directly file 140, then for the 1st scenario, your 140 filed should be > 365 days.
> There is no limit on how many times you can extend H1, I have heard people up to 9th year (may be 10th) extension.
Not that you are tying to do this but do not try to fool the system where you just keep filing H1 extensions/transfers and never intend to file 485, you may get caught. Otherwise your extension is not bound to any particular employer.

Apply these basics to your scenarios and let me know if you still have any questions.
 
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