H1B Transfer and extension

Asked almost 2 years ago - Oakland, CA

I am planning to move to a new employer from current employer. I have I-140 approved with the priority date of Feb 2009 and i am on second 6 years period. H1B Visa is expiring on Jan 2014. Am i eligible for a H1B Extension when new employer applies for H1B Visa. It seems new employer's attorney is saying that extension is not possible only the transfer.
EB3 approved on Nov 2010
EB2 Approved on Feb 2013

Attorney answers (3)

  1. Giacomo Jacques Behar


    Contributor Level 20


    Lawyers agree

    Answered . Right now the only thing your new prospective employer can do is file for a new petition, for a period not to exceed your 6 years total in H-1B status.

    Then, up to six months prior to the expiration of your 6 years, the same (or other) employer can ask for a new temporary period of 3 more years, due to the fact that you have an approved I-140 and that both the EB-3 and EB-2 categories are "backlogged" for natives of your country of birth (Hindustan?)

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be... more
  2. Alena Shautsova


    Contributor Level 20


    Lawyer agrees


    Answered . I agree, have your employer file for a new petition, for a period not to exceed your 6 years total in H-1B status.

    Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may... more
  3. J Charles Ferrari

    Contributor Level 20

    Answered . Please see the answer to your other question.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not... more

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