Laid off I-140 approved, please help

O

orion_2

New Member
I am in 4th year of H1B visa and was working. My employer was processing GC in EB2. The Immigration petition I-140 filed by my current employer is approved on August, 2008. I could not file change of status (I-485) because of retrogression.

Now my employer given me a notice of layoff and asked to look for new job, I am still in their payroll, and will remain till end of December 2008. Current employer is NOT going to cancel my H1 or I-140.

6th year in my H1 ending on 10/31/2010 (31st Oct, 2010); have 1 year 11 months in H1.

Now I got a similar new job and the new employer asking if I have 3 years in my H1B. It is their policy to hire H1B employee only if they have 3 years in H1. But I have 1 year 11 months. Now I heard that H1 can be extended beyond 6 years if applied for I-140. I have an approved 1-40 and have copy of approval notice.

My question is how I can convince my new employer that my H1 can be extendable to 3+ years from now?

1) A simple H1 transfer application from new employer with the I-140 approval notice copy will extend my H1 to 7th Year?
2) H1 transfer application from new employer along with an extension application (I-129) with I-140 approval from previous employer will give me 7th year in H1?
3) It is not possible to have 7th year extension at this point?

Please let me know if any one is aware which is correct? Also please let me know if you advice me to contact a lawyer, give me the contact I am ready to pay to know the exact correct answer quickly.

Thanks
AB
 
You can't use approved I140 from previous employer to extend H1b beyond 6 years for new employer. If you leave company your I140 becomes void. With new employer you have to start the process all over again. You can request your previous employer to file for 485 before you leave company. Hope this helps.
 
Talk to the lawyer of your new employer. If they receive the I-140 approval notice (from previous employer) they can also extend your H-1B visa by another 3 years. Yes you need to start the GC process afresh but you can keep the priority date.
 
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