Perm - I140 approved - H1B extension - How soon?

M

mhp

New Member
Hello,

My I140 just got approved in the PERM process. My six years of H1B is going to expire in Aug, 2008, however I want to switch to a different job as soon as possible since my company is not doing that great. I would like to get my H1B extended for 3 years before I switch. I was wondering:

1. How soon I can file for a 3 year extension based on my I140 approval. My labor application was applied in Aug 2006.

2. If I get my H1B extended for 3 years in next month or so using premium processing (lets say uptil May 2010), when I switch to a new job, will I be able to carry forward the same period or I will be limited to Aug 2008 when I do the H1 transfer?

Thanks in advance,
mhp
 
1. h1 petition can be filed 6 months before the new start date.
2. can transfer anytime, but you need to remember there are some risks.
If either of LC or I-140 which 7th or beyond H1 is based on was revoked or substituted BEFORE 7th year starts, your 7th year H1 becomes invalid.

Read Question3 on page6. It is talking about 106(a), but I believe 104(c) should come under the same rule.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
 
Last edited by a moderator:
Thanks for the information GotPR. So does this mean that I cannot apply for H1B (3 or 1 year) extension until March 2008?
 
When you transfer h1 to other company, you have to specify the start date. This can be done anytime as long as start date is within 6months ahead and new employer is ready to file H1.
 
Thanks. What I meant is how soon I can apply for 3 year extension from my current company based on the approved I140 (considering that I still have more than one year and 5 months remaining before my 6 years expire) ?

I read somewhere that you cannot file for your 7th year extension more than 6 months before your expiration date of your valid 6 years.
 
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