ImmigrationPortal Forums - H1 transfer + 7th year extension: Is it possible ?

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ImmigrationPortal Forums - H1 transfer + 7th year extension: Is it possible ?: "neocor
Hi

I am working with company A, but my LC & I-140 has been approved through company B. As I belong to vast majority of people waiting (EB3) so can't file for 485. Now I am reaching my 6 years limit. Can my current employer (Company A) file 3-year extension based on the the approved I-140 (through company B)

thanks a lot for the help.

HT

I certainly believe you can. There is one potential difference between the 1 year extension and 3 years extension that you should know.

The 1 Year extension will be filed on the basis of your Labor and the 3 year extension is governed by (on the basis of) the Approved I-140.

Now you may ask what difference does it make. You have not yet filed your 485 and because of the PD you wont be for sometime, so you may not be effected. However once you file 485 and you are on a 3 year extension then if something goes wrong with yout 485 (denial) then your underlying 3 year H1 Extension becomes invalid too and you will immediately go out of stauts.

This is not the case with the 1 year extension that is based on the Labor. Even if your 485 gets rejected because of some reason the underlying Labor is still valid and hence the 1 year extension on H1 is still valid and you can continue to extend over further years in 1 year increment.

I had a long conversation with my lawyer on this, and she explained this in detail to me."