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Immigration Issues/Regarding I-140 based H1 Extension

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Question
Hello Ajay,

I am currently in H1, and it is maxing out by Oct 2016.
With my current organization (say Org-A), my I-140 is approved on May 2016. But yet to apply H1 Extension based on I-140.

I got an offer from Org-B. If Org-B is doing my H1 transfer meant, can they use my approved I-140 from Org-A to have the H1 date beyond Oct 2016. Can I get max of three years when Org-B applying for H1 transfer along with I-140 receipt? Also, when Org-b is starting the new PERM/ I-140 processing, can I have date ported based on my current I-140 approval.

Thanks in Advance.

Answer
Hi,

Org B can file its H1B petition requesting 3 year extension beyond 6 years based on I-140 approval through Org A, assuming that Org A does not revoke its I-140 petition prior to H1B approval. Moreover, if Org B supports you for GC through PERM/I-140, the earlier I-140 priority date can be ported even if Org A revokes its I-140 petition.

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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