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Posted on 07 May 2009
Q.

H-1b transfer (currently 8th yr) and then extension?

Hi

I am currently on my 8th year with my H-1b valid until 9/4/2009 (same employer)

I am EB3 ROW (with PD 05/2004), I-140 approved on 03/2009, I-485 pending from 08/2007 and with EAD until 10/2010

I have an offer from different company (company B) with much higher salary (40% more) and possibly not exactly same job description

Question 1)
After H-1b transfer, can company B file for H-1b 3-year extension, based on the fact that approved I-140 and LC more than 1 year?

Question 2)
Assuming 3-year extension is granted, if my I485 petition is denied due to the fact that the new job does not have "same or similar", would the approved 3-year extension become invalid immediately? Do I get the remainder of 3-yr ext?

Thank you

User's Location: New York, New York, United States of America
Category: H1B Visa (Work Visa)
Posted on 08 May 2009
A.
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Dimitar Michailov
Immigration Lawyer
Capitol Immigration Law Group LLC
(888) 878-4721

www.cilawgroup.com

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