I am in my 6th year of H1B status. I have an approved I-140 from my previous employer, but I haven’t yet been able to file an I-485. My current employer hasn’t yet filed a green card case for me. Can I get an H1B extension based on my approved I-140 filed by my previous employer?

Answer:

If the previous employer’s I-140 is approved and the visa number is not available (priority date is not current,) then it is possible to get a 3-year H1B extension beyond the six-year limit with ANY employer. So, yes, as long as the I-140 has not been revoked and the priority date isn’t current, it generally is possible to get more H1B time with any employer. (20.Jan.2014)

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