Jump to:
Home » Frequently Asked Questions » H Visa

H-1 extension beyond 6 years

Submitted by Chief Editor on Jan 4th 2011
Printer-friendly version

My situation. I work for company A
1. My 6th yr H1-B ends in Dec 2011
2. Labor approved (PD May 2010) and I-140 (applied Sep 2010) pending - EB3
3. Once my I-140 gets approved (hopefully) my lawyer's plan to apply for a 3 yrs extension some time next year (Till Dec 2014).
After/If I do get my extension for 3yrs with my company A, then Can I change my job to company B in 2012(who is willing to do my labor and I-140 again).

An extended H-1 can be transferred, but obtain the extension before the former employer revokes the I-140. I see no issues (generally speaking) with a PD transfer, unless USCIS (not the employer) revokes the I-140. Ask your lawyers for details.

Unless the context shows otherwise, all answers here were provided by Rajiv and were compiled and reported by our editorial team from comments and blog on immigration.com

Only an extended H1 can be transferred ?

Submitted by Guest on Jan 20th 2012.

Only an extended H1 can be transferred ?. If the Company A assured that they won't cancel an approved I-140, can I get my 3 years extension in company B, with only an approved I-140 from company A?

Only an extended H1 can be transferred ?

Submitted by Rajiv S. Khanna on Jan 24th 2012.

If I understand your question correctly -- there is no requirement that you must first obtain an extension with the I-140 petitioner. So, a new company (B) can file the extension.

Note: Not intended to create attorney-client relationship.  Answers could be incomplete, incorrect or outdated.  Use caution.

Nonimmigrant Visas
Green Cards
Common Topics
Professions