Legal Question in Immigration Law in Illinois

H1b transfer/extension with employer b on basis of I-140 approval with employer a.

My second H1b expires July 2016 and my 6 years of H1b will expire on Oct 2016. I got I-140 approved from employer A with EB2 priority date Oct 2014. My I 140 was approved earlier this year in Jan 2015. I am taking up a new job with employer B starting July 2015 on the basis of my approved I-140 from employer A. will I get a 3 year extension or just 1 year.


Asked on 6/01/15, 11:12 pm

2 Answers from Attorneys

Marlene Hemmings Marlene Hemmings, Attorney at Law

You theoretically should be able to get 3 years under AC21, assuming the employer requests it in the I-129 petition & LCA, & the I-140 is not withdrawn by the original petitioner.

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Answered on 6/02/15, 3:29 pm
Rahul Manchanda, Esq. Manchanda Law Office PLLC

Hello:

Please call me at (212) 968-8600 to discuss your case and matters.

Kind regards,

RDM

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Answered on 6/06/15, 9:12 pm


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