Legal Question in Immigration Law in Pennsylvania
Can H1B extension beyond 6 years be filed using previous I140 approval with no perm labor pending with current employer?
I have a I-140 approval from previous lawyer. Completed 6 years of stay with previous employer.
Current employer used that I-140 it earlier to transfer visa and got 3 years extension.
Current employer perm labor got denied.
Can the current employer use that previous emplyer I140 again to get another 3 years extension of H1B Visa.
1 Answer from Attorneys
I recommend that you speak with the Attorney who is representing your current employer.
Theoretically, if your priority date on the approved I-140 is still not current, USCIS could give you another 3 years. If they ask for a letter confirming that the company who filed the I-140 (upon which your H-1B extension would be based) still has the intent to employ you once the I-485 is approved, then you will have a problem.
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