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Immigration Issues/6th Year Visa Transfer



My 6th year of H1B started this week and I have applied I-140 only 10 days back. But heard that my company had a tough time with H1Bs. Almost 200 H1Bs got queries for this company.
Now my questions are - 1. As I have only 11 plus months left is it good for me to go to another company and file a fresh Labor and I-140. At the same time do I get enough time to get an extension showing the fresh Labor if it approved with in next 11 months.
2. Can I use my current Labor and I-140 in new company, If new company doesn't allow can I use my own lawyer and continue my existing Labor and I-140 process.

1.  I am not in a position to figure out why your company received inquires I cannot give you the best advice on if your PERM will be approved.  The general rule is that if the I-140 is approved before the end of the six year period you are eligible to file for an extension of your H1b beyond the six year period.  It does not matter if you are with another company at the time of the extension.
2.  You can use the I-140 approval of the current company to file for an extension of the H1B but you cannot use it to proceed to obtain your green card.  
Good Luck
Mark Ashley

Immigration Issues

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Mark Ashley


Business Immigration. My practice focuses on representing researchers, scholars, and other advanced degree professionals with filing NIW, EB-1,O-1, H-1, L-1 petitions. I am a founding partner in the immigration law firm Ashley & Krishnan,


18 years as a practicing attorney.

Member of AILA

JD from St. Mary's University, Texas.

Awards and Honors
American Jurisprudence Award recipient

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