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Posted on 19 Sep 2011
Q.

H1B extension at Company C on basis of I-140 from Company A

I have an approved I-140 from Company A with a priority date of April 2010. In May 2011, I moved to from A to Company B. At that time, I had completed 5 years on my H1B. Company B applied for and received a 3-year H1B (years 6, 7 and 8) based on the approved I-140.
1. If I move to Company C now or after 1 year, will they be able to get a new 3-year H1B on the basis of that I-140 even if:
a. Company A has already revoked its I-140 on the grounds that I do not work there anymore?
b. The I-140 has been revoked on some other grounds?
c. The I-140 was not revoked but Company goes out of business or is acquired?
2. If not 3 years, then can Company C at least get 2 years on the basis that those 2 years (year 7 and 8) have already been approved on Company B’s petition?

User's Location: Boston, Massachusetts, United States of America
Category: H1B Visa (Work Visa)
Posted on 19 Sep 2011
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
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www.indulaw.com

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