H1B Employee Tip: H1B Portability as it Relates to the I-140 and I-485-Extending Beyond 6 Year Period

Many of our clients have experienced layoffs requiring them to seek alternative employment in H-1B status.  Porting over to another employer requires a very detailed legal analysis by an experienced immigration lawyer.  Our law firm provides tips from time to time on various situations that the H-1B visa holder may find him or herself experiencing.  Here is an example of one:

Scenario and Question

If an employee currently has 5 months remaining within his initial 6 year term.  He or she transfers from Company A to Company B.  Company A already filed his or her I-140 which is approved. Can employee then transfer to Company B and request an extension for 3 years based on the I-140 filed with Company A, or can he or she only file an extension/transfer for 5 months with Company B?

Answer

Good News: He or she can ask for the 3 years as long as company A does not withdraw the I-140. And, if company A withdraws, company B should file promptly.

You may contact our law firm at info@scottcclaw.com or through our website www.scottcclaw.com.  Our telephone numbers are also displayed on the website.

ScottMond Law Firm