Job change 7th year H-1B

A

aaifor

Registered Users (C)
Hello,
I am on my 7th year H-1B extension and planning to switch jobs.

My current I-797 petition is valid till Oct 2009
PD (EB3) June 2004
I-140 Approved Mar 2005

Please advise on the following questions

  • Can another employer file an H-1B petition for me?
  • If the LCA is so filed in January, can i get another 3 year extension (till 2010)? Or is it till 2009 ? (remember my current 3 year extension is based on filing and approval of an EB3 I-140 application)
  • Can i then use AC21 to continue my green card process on my filed I-485 application? Do I or the new employer have anything to do about it?

Seasons Greetings
 
aaifor said:
Hello,
I am on my 7th year H-1B extension and planning to switch jobs.

My current I-797 petition is valid till Oct 2009
PD (EB3) June 2004
I-140 Approved Mar 2005
****** did you file I-485??
Please advise on the following questions

  • Can another employer file an H-1B petition for me?
    -----------------YES
  • If the LCA is so filed in January, can i get another 3 year extension (till 2010)? Or is it till 2009 ? (remember my current 3 year extension is based on filing and approval of an EB3 I-140 application)
    ----------till 2009
  • Can i then use AC21 to continue my green card process on my filed I-485 application? Do I or the new employer have anything to do about it?
--------------- did you file I-485 and pending? provide the info of filing date. If I-485 not filed and pending more than 180 days then employer can revoke the I-140 and you will not be eligible for AC21.
Seasons Greetings
Click to expand...
 
Thanks Ginnu.

Yes my I-485 was filed in Dec 2004 just before EB3 retrgression was announced in Jan 2005.

So i just get the new visa approval till 2009? And thereafter i get 1 year extensions...?
 
aaifor said:
Thanks Ginnu.
Can i then use AC21 to continue my green card process on my filed I-485 application?
---------------you are eligible for AC21
Do I or the new employer have anything to do about it?
----------- you need permanent job offer letter from new empployer with same/similar job duties and can request to invoke AC21 by sending documents to USCIS. you can take the help of new company lawyer

Yes my I-485 was filed in Dec 2004 just before EB3 retrgression was announced in Jan 2005.

So i just get the new visa approval till 2009? And thereafter i get 1 year extensions...?
------------ your lawyer who file H1 transfer knows what to do and you can get H1 extensions till I-485 is pending
Click to expand...
 
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