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palak

H1b visa extension, perm pending and change of employer

By palak in Work Visas

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palak Newbie

palak   0

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Hello Everyone,

Currently my visa is with Company A and I got an offer from Company B in a similar role. Company B has agreed to take over my visa from Company A.I am in the sixth year of H1b. My Perm was filed in September 2013 by Company A but it went in audit. Company A has filed for the seventh year H1b extension under the AC21 rules because the perm is pending for more than 365 days. If the extension petition is approved, my H1b visa will get extended till September 2016.

1) After the seventh year extension if Company B takes over the visa then can I work till the extended period of H1b i.e. till September 2016?

2)Will the AC21 extension stay valid if the perm is declined or company A revokes the perm petition?

3)Can Company A keep the petition open and file for i140 even if I move to company B?

My i94 expires in April 2015 and my current H1b visa expires in September 2015.

Thank you for your guidance
Palak

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