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Posted on 19 Feb 2011
Q.

I-140 PD Portability from Comp A to B and H1B extn issues

I am in CompA & in end of 5th yr of my H1B & A has applied for Labor on EB2 , Now I am planning to join Comp B. Do I need to wait in A to get the I-140 (if I do Premium 140) approved so that I can port the PD to Comp B I-140 . My Question is :
If I port the PD from A to B after my 140 approval from A , and assume I join B and B has applied my Labor only after my 5th yr H1B completion . Will I be considered by USCIS that I have applied Labor before the end of 5th year (As I have asked to port the PD from A to B) and will they give H1B extn beyond 6yrs (3 year extension based on my previous I-140 approval of A ) or 1 yr extn (if my labor in B is pending or slowly applied by B at the end of 6th yr ) so that I am not out of US due to visa issues.

User's Location: Irving, Texas, United States of America
Category: Employment-based Green Card
Posted on 19 Feb 2011
A.
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Andrew M. Wilson
Immigration Lawyer
Serotte Reich Wilson, LLP
(716) 854-7525

www.srwlawyers.com

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