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Posted on 15 Jun 2011
Q.

3 Yr H1B Extension after 6 years with new employer

H-1B with EmpA since July 1, 2005
GC Labor approved in Sep 2007
I-140 (EB2) approved in early 2009
I-485 never filed
EmpA got half sold to 3rd party and around half of the assets are transferred to a new company EmpB in January 2011 under the same umbrella (ownership). I started working for EmpB.
EmpB filed an I-140 amendment as successor-in-interest in May 2011.
EmpB filed an I-129 3yr extension based on the I-140 amendment receipt in early Jun 2011.

I'm not confident enough that this successor in interest petition will succeed. To ensure some backup safety, can a differnt company EmpC under the same umbrella file an I-129 3-yr transfer/extension based on my approved I-140 with EmpA? If yes, can it affect the I-129 & I-140 already filed by EmpB in any way?

User's Location: Detroit, Michigan, United States of America
Category: H1B Visa (Work Visa)
Posted on 17 Jun 2011
A.
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Elizabeth Chatham
Immigration Lawyer
Elizabeth Chatham, PLLC
(602) 759-1880

www.chathamlegal.com

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