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H1B Employee Tip Q A

H1B Employee Tip Q &A

Posted by: ScottMond Law Firm
January 18, 2011
Topic: Employment Visas

Many of our client's have experienced layoffs requiring them to seek alternative employment in H-1B status. Porting over to another employer requires a very detailed legal analysis by an experienced immigration lawyer. Our law firm provides tips from time to time on various situations that the H-1B visa holder may find him or herself experiencing. Here is an example of one:

Scenerio and Question

If an employee currently has 5 months remaining within his initial 6 year term. He or she transfers from Company A to Company B. Company A already filed his or her I-140 which is approved. Can employee then transfer to Company B and request an extension for 3 years based on the I-140 filed with Company A, or can he or she only file an extension/transfer for 5 months with Company B?

Answer

Good News: He or she can ask for the 3 years as long as company A does not withdraw the I-140. And, if company A withdraws, company B should file promptly.


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