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Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 10895
Experience:  Write FOR JAMES to get my help!
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My current situation I am on H1B visa in USA since

Customer Question

Hi,
My current situation
I am on H1B visa in USA since February 2010. My current visa stamping is getting expired on October 30 2015. I have visited my home for 4 months in total in past 5 years. I have approved I 140. My current employer has filed an extension.
My question
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1. How many years of extension I am going to get with my current employer, if extension gets approved, considering I have 2-3 yrs of on going project work.
2. I have a job offer now, can I change my employer? If I change my employer now how many months of extension am I going to get with the new employer?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Expert James replied 1 year ago.
Hello, I am James. I will be helping you today. I do not get a salary here. But just like you, I want to get credit for doing my job. You are the only person who can help me get credit before leaving this site today. So please do not forget to do that by giving me a positive rating with 3 or more stars or any of the smiling faces. Also, if you want me to be your personal immigration Expert, just write “FOR JAMES" at the beginning of any future, new questions, and I will be happy to help you as your personal Expert. QUESTION 1: How many years of extension I am going to get with my current employer, if extension gets approved, considering I have 2-3 yrs of on going project work. ANSWER: You are allowed an initial maximum time on H1B of 6 years. If you have been in H1B status for 5 years, minus 4 months, then you start with 6 years, subtract 5 years and add any time you've been abroad. That means you are eligible for an extension of 1 year, 4 months. Once you've completed the 6 years on H1B status, you can apply for another extension of 3 years, based on the approved I-140 and waiting for the priority date to come current for Adjustment of Status. QUESTION 2: I have a job offer now, can I change my employer? ANSWER: Yes. QUESTION 3: If I change my employer now how many months of extension am I going to get with the new employer? ANSWER: The same as I described above. 6 years minus 5 years in the US, plus 4 months (or however long you have been outside the US during those 6 years). I know these issues can be confusing. If you want to discuss this or anything else by phone, I can send you an offer for that. There will be an additional fee, if you want to do that. Please let me know and I will send you the offer. I hope I have answered your questions. Kindly rate my customer service with a positive rating. I do not get a salary here and this is the only way I am compensated for my efforts. So please do not forget to do that before you log off. You can do that by giving me 3 or more stars, or any of the smiling faces. And you can continue to ask questions even after you have given a rating. Again, giving me a positive rating is the ONLY way I get credit for helping you. REMINDER: You are not rating the state of the law or the outcome of your situation, which I cannot control. You are rating my customer service. Believe me that I always want to give you good news. But if the outcome is not what you wanted, blame the government and the law, not me. I am only a messenger. Negative ratings are reserved for Professionals who are rude or unprofessional. Giving me a negative rating does not help you get a different answer or outcome. So do not give a negative rating if you need more help, or if I misunderstood your question. Instead click REPLY so I can continue to assist you. A BONUS is appreciated, if you feel I've earned it. If you have questions in the future, write “FOR JAMES" in the question and I will be your personal Expert in this category. Thank you!
Expert:  Expert James replied 1 year ago.
Hi again, I received a message that you reviewed my response and have responded. But I cannot see that response above. Please post it again, so I can continue to help you and we can close this question. Thank you!

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