UPDATED: Sep 30, 2022
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H-1b currently is issued for 3 yr based on an approved i-140 from previous employer. Having exceeded the 6 year H-1b limit, what implications could arise under the following scenarios
1 New i-140 by current employer is not filed/approved and the priority date becomes current
a Would the H-1b still be extended for 3 yr still if the H-1b has to be extended at the same time
2 Should the need arise to change jobs, how would the status be maintained especially when priority date becomes current and the new employer has not initiated Perm/i-140 process
Asked on May 8, 2017 under Immigration Law, California
SB Member California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Your H-1B is extended on the basis of an approved I-140 from whichever employer but it is expected that when you can file the I-485, you will do so; otherwise the H-1B will continue to be extended. If you are changing employers, you will need to explain to them what needs to be done and when.
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