H1 Extension question with Previous employer I-140

unknownuser · January 27, 2016, 7:43am

Hi,

I was on L1 for 4 years with employer A & My I-140 was approved with Emp A. & My employment with employer A got terminated in March 2015. Now I came back to INDIA in may 2015 & H1 got approved, for the period from jan 2016 to dec 2017. Now i am travelling back to US in Feb 2016 to work for emp B.

My question is can i go for another extension in next year with previous Employer I-140?

Saurabh · January 27, 2016, 1:50pm

Yes, that I-140 can be used for H-1 extensions beyond 6th year.

unknownuser · January 28, 2016, 4:38am

Thank you Saurabh, once i go in feb 2016. can i apply EAD for h4 with employer A I140?

Saurabh · January 28, 2016, 1:00pm

Yes, you should be able to. I didn’t read about any provision that I-140 should have been approved for a job when you were only on H-1 status. So approved I-140 is independent of underlying visa status and can be used for H-4 EAD filing.