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H1B Extension based on I-140 with Previous Employer

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Filed: H-1B Visa Country: India
Timeline
Hello,


I have a couple of questions regarding the possibility of getting H-1B extension based on I-140 approved with previous employer.


I am in the 5th year of my H1B (expires in mid-2018). My I-140 was approved with my previous employer late last year. I joined another company recently and my new employer is going to initiate the whole green card process soon.


My previous employer filed my PERM with SOC Code (11-3071 - Distribution Managers) as I was working in a warehouse management related department though my duties are related to business analysis. PERM and I-140 both were approved last year. I joined an IT Services company recently and the LCA was filed with a different SOC Code (15-1121 - Computer Systems Analysts). The same SOC Code will be used for PERM as well. My duties in my new role is business analysis as well but generic not specific to a particular domain.


1. In a scenario where my I-140 with the new employer does not get approved by the time I complete all my 6 years of H-1B (i.e. by mid-2018), can I use my previous I-140 (with a different SOC Code) to get H-1B extension beyond 6 years?

2. Is there a limit on the number of times an approved I-140 (filed by previous employer) be used by current employer to get H-1 extension? I believe my current employer already used my I-140 at the time of filing H1B transfer and I got 2-months more on H1B beyond 6 years.

3. Can I retain the priority date on my previous I-140 even though it was filed with a different SOC code?


I really appreciate if you could answer these questions. It will help me plan accordingly and make some decisions. Please let me know if you need more information. Thanks.

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Filed: IR-1/CR-1 Visa Country: China
Timeline

you can still use your I-140 with new employer and there is no limit unless the I-140 get revoke.

Marriage : 2006-05-17

-------------------------
USCIS Process
-------------------------
I-130 Sent : 2007-06-12
I-130 Approved : 2007-12-05
Status: Take 179 days to complete, because of notarize marriage certificate(RFE).

-----------------------
NVC Process
-----------------------
NVC Received : 2007-12-06
Case Completed at NVC : 2008-03-13 Case Complete Forward to Embassy
Case Left NVC : 2008-03-18
Status: Take 97 days to complete, because of the tax return and w2 (RFE),

-----------------------------
Consulate Process
-----------------------------
Consulate Received : 5/12/2008 Eligible for interview, waiting for notice (Per DOS)
Packet 4 Received : 6/11/2008
Interview Date : 7/10/2008 interview at 7:15am (Per DOS)
Blue - Required Overcome. Overcome send 7/24
8/19/2008 Going back to GUZ to get visa stamp
Visa Received : 8/22/2008
US Entry : 10/17/2008 JFK Port of Entry

-----------------------------
Citizenship Process
-----------------------------

N-400 Filed: 11/25/2012

Interview Date: 1/2013 (Passed)

Ceremony: 03/2013

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