H1B Extension after 6 Years Max Out (i140 Transfer & Recapture Days)

USA
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Originally published at: H1B Extension after 6 Years Max Out (i140 Transfer & Recapture Days) - USA

You can file an H1B extension after 6 years easily with an approved i140. This will be cap-exempt. With approved i140, you are eligible to file 3 year H1B extension. With approved PERM and pending i140, you can only file a 1 year H1B extension, and that too if PERM was filed 365 days ago.…

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Hi Anil,
Thank you for a very comprehensive and a helpful article. It did clear quite a few doubts and answer most of my questions regarding using the approved I-140 from previous employer for H1B transfers and extensions with new employers.

I have couple of questions regarding one of your comments: “Your approved i140 from employer A can be used to extend or transfer H1B to employer B, C, or Z any number of times.”
Q1: During H1B transfers with multiple employers, do I have to maintain the same job description through all my employers based on approved I-140 that was filed with employer A?
Q2: Does a new PERM process needs to be started and new I-140 needs to be approved when there is a change in job description with a different employer?

Thank you,
Viral

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The i140 can be ported only if the new job is in same or similar field of work.

The job description need not be exactly same but it should be similar.

Example:

You cannot port i140 if it was filed for software engineering position but now you are working as a manager.

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Hello,

My employer has provided i140 approval form without receipt number and alien number, is there a way I can use the form to apply for visa extension? or is the receipt number mandatory

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I140 approval copy can be used for applying extension.

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Hello Anil, they have redacted the receipt number from the approval notice so my employer does not want to go ahead with the process

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Hi Anil -

Thanks for the comprehensive explanation. I would appreciate your inputs on my following scenario.

I work for employer A. Due to my H1B max-out, I had to leave from US, but continued to work for the same employer from India. While in India, my i-140 as well as H1B extension (post 6th year) got approved with the same employer A. Now, due to unavailability of stamping dates for regular H1B due to covid and US Presidential order for extension of worker visa ban, I’m not able to travel. My Spouse who is in US also have approved i140 and H1B.
Will it be possible for me to apply for a dependent H4 visa, travel to US and then switch to H1B again by filing a new extension (with new employer B) based on my approved i-140 from employer A? I know you have already mentioned that we can port the priority date from employer A to employer B, but I’m more concerned about the “GAP” in between 2 employments due to H4 dependent visa. Also, I assume quiting employer A will not have any impact on my approved i-140 (already more than 180 days). Please confirm.

Any pointers will be highly appreciated. Thank you.

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You can visit US using H4 visa and then convert to H1B.

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One correction:

If one have I-140 approved, but if PD is current, H1B extension would be maximum 1 year (not, 3 years).

This is definitely a drawback if I-485 takes a while to process.

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Hi Anil,
Can we file i140 in premium processing without receipt (i140 has been filed but did not receive receipt yet) ? … Want to expedite through premium processing.

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I think you will need the receipt to upgrade to Premium.

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Thank you Anil. There is backlog and they are taking long time for sending receipt notice. My petition has been filled last week of Nov. Do you have an idea if someone has received receipt notice for Nov month filling.

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I have an approved H1b till Oct 2023 and I have i140 approved. I came initially on this H1 in 2014 so I have got extensions beyond six years based on approved i140. My dilemma is if I return to India at this juncture, will I have an opportunity to come back to US in future (after Oct 2023) on the basis of existing H1b by getting it extended using my approved i140 ? Or should I file a fresh cap subject h1b ? Some clarity will be helpful.

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Little confused by this statement - “You can use the withdrawn i140 as many times as you want to extend or transfer you h1b”. Then why are people worried that Employer A will withdraw i140 if employee leaves company within 6 months.

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Hi Anil,

I have a question for you. I have filled my wife h4 extension last year but biometric is due on first week of may 2021. Now my employer is filling my H1B extension again, Do I need to fill her H4 Extension again ?

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A new H4 extension would be required if the previous one’s requested validity date matches with your current H1B (that’s about to expire).

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Thanks Anil.
Can I file H4 extension online for her ?

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@anil_am22 i have been in USA for around 5 year 9 month on H1B and then i moved back to India.
I have Approved i140 of my current company A . If i chagne my company an join company B.

Would i able to do Visa transfer to Company B using i140 of company A from India ?

Or Company B have to first do new Perm and i140 from India then visa extension ?

Also As i am in India, Is there any time limit during that i have to go to USA using i140 ?

Thank you

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Hi Anil,

First of all, thank you for creating and managing this forum.

Could you please help me with a question on my visa situation.

I went to US in 2013 and came back in 2018 as my Perm/i140 was not completed on time. I have about 10 weeks left on my H1B.
My Perm and i140 got approved in 2020 and H1B extension got approved and stamped (valid till July2023) in sept 2020. All this happened with my current employer.
Since my employer does not have any onshore requirements for me, I want to resign this job and try to find another employer who can do my H1B transfer and give me an onsite opportunity.
In short:

  • Weeks left on old H1B - 10
  • i140 approved in 2020
  • H1B stamped though July 2023

My question is - If I resign my current job and my employer revokes my current H1B, can a new employer file H1B transfer based on approved i140? If yes, once the new H1B is approved, can I travel with the existing stamp on my passport even though that visa is now revoked by my current employer?

Please advise when you get a chance.

Thank you in advance!

Regards,
Deepak Kumar

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Hi Anil, I hope you are doing well!! Thank you so much for all your support for this community. Here is my question…

I have an approved I-140 since Aug 2018 from Employer A. I currently have an offer from another employer B for the same Role and Job duties. They (Employer B) are ready to start the H1b transfer soon after I accept the offer but looks like they may be able to initiate the Green Card process only after I complete at least 1 year with their organization. Do you know if this is still fine since my I-140 with Employer A is valid for more than 180 days and can still keep the priority date? Are there are any risks or issues if I have to wait for another 1 year after joining the new company to process the PERM and I-140 certification?