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Immigration Issues/H1-B Extension when I-140 approved

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Question
Hi, my H1-B expired Dec 25th 2010 after which I left states on Dec 23rd 2010 for India, but my GC was in process from my current employer. MY PERM and I-140 were approved when in India.

Iam I eligible for a 3 years extension based on an approved I-140? I do have some re-capture time on my H1-B too. Can I also transfer to another employer, and they can file for my extension? Iam currently in states on an B1 visa.

Answer
Hi,

Yes, since I-140 has been approved, an H1B petition can be filed for you by an employer in the U.S. requesting change of status from B1 to H1B for a 3 year period. This can be any employer; there is no requirement that only the H1B employer can file an H1B petition for you

Immigration Issues

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Ajay K. Arora

Expertise

I can answer your questions on employment and family-based U.S. Immigration Law. Expertise in various immigration categories includes the following: H-1B, L-1, O-1, PERM (labor certification), EB-1 to EB-3 I-140 employment-based immigrant petitions, family or fiance(e) or spousal sponsorship, visa extension or change of status, adjustment of status, naturalization (citizenship), etc.

Experience

Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

Organizations
American Immigration Lawyers Association (AILA) full member since 1995.

Education/Credentials
Ajay K. Arora attended Pennsylvania State University and the University of Wales at Swansea (United Kingdom), and earned his law degree at Temple University School of Law, Philadelphia, in 1993. Mr. Arora has practiced Immigration Law since graduation and is a member of the American Immigration Lawyers Association since 1995.

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