Legal Question in Immigration Law in New York

H1B Transfer and 3 year extension after 6 year limit

Case, : H1B 6 year expires on aug'09, I140 approved on 3/09.

I have to do a job change, H1 B transfer and do the 3 year extension as well with new employer.

Is it possible to do both of this together, like H1 Transfer and 3 year extension based on Approved I140 with new employer ?

I am looking to hire Attorney with in greater new york area to help with this as well.

Asked on 4/14/09, 10:04 pm

3 Answers from Attorneys

William Frenkel Frenkel Sukhman LLP

Re: H1B Transfer and 3 year extension after 6 year limit

Yes, if you have an approved I-140 petition AND the immigrant visa number is not available for you due to the visa number retrogression (meaning that you are not eligible to file I-485 due to visa number limits), you may extend your H-1B on a three-year interval beyond the 6-year limitation. This can be done together with a change of employer. If you or your new employer have questions, feel free to contact me.

The above reply is in the nature of general information, is not legal advice and does not form an attorney-client relationship.

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Answered on 4/15/09, 11:50 am

Anthony Siliato Meyner and Landis LLP

Re: H1B Transfer and 3 year extension after 6 year limit

Yes, an H-1B transfer and 3 year extension may be requested at the same time.

Our immigration practice has a special emphasis on employment-based immigration. We have substantial experience in H-1B transfer petitions and would be happy to represent you and your prospective employer in this matter.

The information contained herein is intended only for educational or informational purposes and is not a substitute for legal advice.

Responding to this inquiry in no way establishes an attorney client relationship; however, I look forward to exploring these issues with you further by way of telephone or in-person consultation.

Anthony F. Siliato, Esq.


One Gateway Center

Newark, New Jersey 07102

[email protected]

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Answered on 4/14/09, 10:26 pm
Antoinette Wooten The Wooten Legal Consulting, PC

Re: H1B Transfer and 3 year extension after 6 year limit

We would need more details regarding your job circumstances before we can say what would be best for you.

Patricia Martin-Gibbons

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Answered on 4/20/09, 5:30 pm

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