You can file H1B 7th year extension with approved i I petition is for a future job with Employer A and hence, unless I is explicitly revoked by your Employer A current employerthe petition remains valid and will reach a decision stage some day. You can do H1B transfer and can start working with Employer B anytime during your i is pending.
You can join Employer A as and when your Priority date becomes current and file your I for green card. In case this petition is also denied, can the approved i be used by the same employer for an out of cap H1 petition to request a 3 year period, since 6 year is not maxed out yet.
Or that would need to be a in-cap petition next year? I graduated with an MBA and employer B is the process of applying for the transfer, the SOC code with employer B is business related and hence will be different from the one on my I! Will there be any issues with the transfer? Will the new MBA degree be a good proof to validate the transfer?
I just would like to know if transfer is feasible. I got approved in Nov.
H1B renewal got denied in Nov. My questions are: 1. If your priority date becomes currrent, you have to file i within 1 year of date getting current. Your new employer will need to file new PERM and i for you. Thank you for the helpful post. I have completed my 6 years, and my employer filed I more than year back, and still pending. But my H1B got approved for next 3 years untilbased on pending I Now i want to change the employer, what information is required for H1B filing based on my pending I by old employer.
I think your i is already approved as you got 3 year approval. If i is not approved, your employer can only request 1 year extention after 6 years are completed. Thank you Anil. Without I receipt, can we switch to the employer? In my case, what options do i have to switch? So, be careful. I had i approved 2 years ago with employer A in Employer A withdrawn my i after I left after 2 years of approval 1. Or is it only valid for date portability? It is withdrawn or revoked?
If it is revoked, then you may not be able to use your i Check with your attorney to see what can be done. I have approved I with company A and my H1b transfer with company A is still pending.Forgot your password? My H1B 6 years maxed out in August and returned to India. My I is in pending filed in december with july priority date and expect it will approved in few months. Yes, assuming I has not been withdrawn by the employer.
You can even apply now to get 1 year extension because I has been pending for more than 1 year. Yes, if your I is approved, you should be able to have an employer file an H1B petition on your behalf, and receive an approval up to three years in duration without applying under the "cap" again.
So does that consider as my application is pending for one year? So I can apply after August only.
Is that correct? Is it possible to change it to priority processing for faster processing? Does that make any difference? I receipt date to determine if it is pending for 1 year. Priority date will be PERM submission date. Staying 1 year outside US is applicable if you want to get fresh 6 years. Petition will have to be filed under cap for that purpose. So, for you H1B petition can be filed once I gets approved or in Dec when it is pending for 1 year.H-1B Denied? What are Your Options?
We need to file for a new H-1B for you in Until I gets approved or pending for 1 year, that is true. Once that happens then your employer can file for extension beyond 6 years. What more information do yo want?
Your employer must file an H1B petition for you. They can file that as soon as they receive I approval notice. Even with premium processing H1B petition will require 2 to 3 weeks to get approved. After Visa is issued, then you can travel to US. First they need to apply for H1b extension using the remaining two weeks in my H1b and then they have to apply for 3 year extension using I Attorney says they are in doubt about this.
Then approved I can be used for an extension. Your attorney is partially correct. To file a cap exempt H1B petition based on approved I a few days or weeks are required to recapture on H1B and file for extension. Since you have them you are fine.
I would consult with an outside attorney - what the company attorney is saying does not appear to be accurate. The approved I would make you eligible for additional H1B time, it doesn't matter whether you are in the U. Along with this you can also apply for three year H1B extension with an approved I In my case I an in India now and only 9 days left to recoup in my expired H1b.
Attorney says we can try apply to recoup those 9 days. Along with this we can apply for H1B extension based on the approved I They still have to confirm this. My I is still pending so don't know what and when to happen all of these.But, to file for your Green Card iyou would eventually need a new PERM and I at the time when your priority date becomes current.
After 1 year of your H1B as you have hypothetically assumedyou can still use old I to further extend your H1B. Do the employer explicitly ask for the extension during H1 transfer? H1B transfer is for changing employer. H1B extension is for extending stay within US with same employer.
i140 H1B Extension, Transfer After 6 Years
When you file transfer and if it gets approved, your stay is automatically extended based on the new expiry date that you get after transfer approval. Technically it should not be withdrawn as I was with my employee more than days right? Uscis has to check for my i was approved since more than days of withdrawn request. My new company B has not filed for my I yet. You should talk to your employer as to why they withdrew the i If it has already been withdrawn.
H1B Visa. H1 Amendment Denied - few months to I expiry. More information:. Thanks for the reply. The post answers lot of questions.
H-1B Discussion Forum
You are welcome. Let me know if you need more information.H1B visa status can be granted initially for up to three years, and then can be extended for another three years. The normal maximum amount of time a foreign national can remain in the U. Once the six year cap is reached, the foreign national must be physically outside the U. These aliens are authorized to continue employment with the same employer for a period not to exceed days beginning on the date of the expiration of the authorized period of stay.
Such authorization shall be subject to any conditions and limitations noted on the initial authorization.
This rule does not allow you to stay beyond the expiration date requested in the petition for which you are awaiting the decision. However, if the district director or service center director adjudicates the application prior to the expiration of this day period and denies the application for extension of stay, the employment authorization under this paragraph shall automatically terminate upon notification of the denial decision.
Note: If the H1B worker needs to travel during this time, they may not be able to return until they receive the new H-1B Visa. Premium processing is a viable option in this scenario.
Also Note: The day rule is not a basis to renew the H-1B. It is rule that applies only after a bona fide H-1B renewal petition has been filed. Authorizes approval of H-1B status beyond 6 years, in 1-year increments, for certain H-1B nonimmigrants who are seeking employment-based LPR status if days or more have passed since the filing of a labor certification application or employment-based IV petition.
Decision to deny or revoke an LC or IV petition is not final until administrative appeals have been exhausted. An alien establishing eligibility for an H-1B extension beyond 6 years must be the named beneficiary on the LC unless he or she was substituted for another alien on the LC on or before July 16, May file for an H-1B extension beyond 6 years within 6 months of the requested start date.
May file before days have elapsed as long as the LC or IV petition is filed at least days prior to the date the period of authorization will take effect. May request time remaining in 6 years, including recapture time, at the same time as requesting a 1-year AC21 extension. Authorizes approval of H-1B status beyond 6 years, in 3-year increments, for beneficiaries of approved EB-1, EB-2, and EB-3 petitions who can demonstrate that an immigrant visa is not available at the time the H-1B petition is filed because the immigrant visa classification sought is over-subscribed.
H-1B petitioner need not be the IV petitioning employer. May request time remaining in 6 years at the same time as requesting a 3-year AC21 extension. Applies only to the principal beneficiary; spouses in H-1B status cannot piggyback. If you were outside the United States during the six years of your H-1B visa validity, you may use those days to extend your H-1B visa beyond the 6-year limit.
You are allowed to do this because once you reach the end of your 6-year period, you will not have been in H-1B status for a full six years.
Time spent beyond the six-year limit granted under AC21 eligibility is not subject to recapture. If you have an H-1B visa stamped in your passport and the expiration date is within the past 6 years, you are eligible for a new cap exempt H-1B. Q: How do I know what the prevailing wage for my new position will be? A: You can check using this prevailing wage level calculator.
View Cart Checkout. Forgot Password? H-1B Visa Attorney Services. There are no products. View Cart Checkout Continue Shopping.Forgot your password? By morphtkSeptember 12, in H1B : General. Reading through many forums and discussions I learnt that I can apply for new H1 or new H1 extension. Could someone please explain this further and how to go about this? Also, I can try for motion-to-reopen but that would be based on reason-of-denial and also its pretty delaying with less success.
Can I change my lawyer at this point of time and consult better attorney to represent my case. You are out of status. If it is approved, get H1B stamped and come back. You should exit immediately if you don't change to another status ASAP. No, since your H1B is denied. But request them not to revoke approved I You should get a new job as simple as that.
And the new employer needs to file an H1 for you in Premium Processing. You have to. Since your I is approved you are cap-exempt. If your I is revoked you need to go out of the country and wait for an year and some employer need to apply for fresh H1 counted against cap with which you are entitled to get fresh 6 years.
You are out of status and your H1b is denied. I guess another attorney can do nothing now except helping you guide through in changing to another status.
The above are just my answers with the limited knowledge I acquired in the last couple of months in this forum. Seeing the complexity of your case I suggest you to get an attorney's guidance ASAP, it's worth an investment and with that you certainly avoid potential bottlenecks for your future in US. I can continue to work and stay for another 30 days within which I should appeal for the denial motion-to-reopen.An alien may remain in the United States in H-1B status for up to six years.
Once the six-year maximum is reached, the H-1B worker must leave the U. Two Extension Scenarios Both extension scenarios involve a nonimmigrant worker in H-1B status petitioning for immigrant status in the green card application process.
To apply for permanent residence, an H-1B alien might choose to file Form I i. If the worker filed one of these forms at least days before the end of his six-year H-1B time limit and the application is still pending, then he can extend his H-1B status beyond the six-year limit.
The hypothetical worker can obtain such an extension on an annual basis, and there is no limit to the number of times he can obtain it, provided his immigrant petition is still pending. May 1, However, the PERM application becomes delayed due to randomly selected auditing. No, not necessarily. Robert will be able to extend his H-1B status on the basis of these petitions, if the I and I are pending when his status lapses.
Scenario 2 An alien worker files an I petition, which is approved. However, an immigrant visa number is unavailable to the alien due to retrogression in the relevant category. In such a situation, the alien can extend her H-1B status in three-year periods of time beyond the maximum of six years.
Background Ozzie is an aviation engineer from China. Ozzie files his I petition immediately thereafter. Because of severe visa backlogs for Chinese nationals, however, Ozzie cannot concurrently file his I application with Form I Yes, if his I petition is approved before this date. If granted, the extension will last for three years, after which it must be renewed. Background Dr. Hoolahey is an Indian national currently in H-1B status. Six months before his six-year maximum, Dr.
Three months later, the NIW is approved. However, because of severe retrogression in visa numbers for Indian nationals, Dr. Hoolahey is unable to concurrently file his I application with Form I Is Dr. Hoolahey eligible for an H-1B status extension beyond the six-year limit?
H-1B Discussion Forum
Based on his approved NIW I application, and because an immigrant visa number is unavailable to him, Dr. Hoolahey is eligible to extend his H-1B status for an additional three years. Who files for an H-1B extension? In the two scenarios above, an H-1B holder may extend his or her status with any sponsoring employer.An H1B visa is generally good for three years.
The visa may be extended for an additional three years. To obtain an extension, the employer must file a new Form I and submit additional filing fees. The cap-subject employer need not worry about the H1B cap for a renewal because the employee has been already been counted against the cap and the cap does not come into play on an H1B renewal. The so-called Day Rule allows a foreign employee who has a pending H1B renewal to continue work for the current employer for up to days 8 months or until such a renewal application is denied.
Continued employment is still governed by all of the restrictions contained in the original H1B visa. This Day Rule is not an independent basis for H1B renewal, but instead must be based on a good faith H1B extension application. In addition, if the H1B worker leaves the U. The worker should stay in the U. A foreign employee is generally allowed a maximum of six years in H1B status.
There is a way to recapture days in which the employee was outside the United States so as to make sure that every single day of the six years are utilized. Once the six year limitation is reached, the employee must be physically outside the U.
Job Changes May Impact Your Approved I-140
Keep in mind that after the year is up, if the employee and employer wish to apply for another H1B and the job is cap subject, they would have to enter the lottery once more. H1B status may be extended beyond six years in certain limited circumstances. If the employer has filed an I Immigrant Petition as part of trying to obtain lawful permanent resident status a green card and the I has been approved, an H1B extension can be filed. H1B status can be extended for three years if the employee is the beneficiary of an approved I petition, but their priority date is not yet current an immigrant visa number is not available.
In these situations, the extensions are only available in one year increments. Please leave this field empty. What are the rules on H1B extensions or renewals? Let Us Help.