Background
Our client, Ishaan, was a highly skilled professional from India. Both he and his wife were in the U.S. working within the medical technology field. He was nearing the end of his 5th year on an H-1B visa. To continue working and remain in the U.S., we would need to extend his visa’s validity period. Ishaan was not only approaching the end of his H-1B validity but was also in the middle of a major career transition. He had secured a new role as Chief Product Officer (CPO) with a different employer, which would involve more responsibilities and leadership compared to his previous managerial role. His previous H-1B sponsor had filed the original petition, so this transition added another layer of complexity, as we now had to secure both a change of employer and an H-1B extension beyond the typical 6-year limit.
VisaNation Case Strategy
We understood the time was short to extend his H-1B visa. Our team came up with the strategy to apply for his employment green card. However, we also had to file for a transfer of employers when filing the extension, as the new employer would be sponsoring him. When doing so, you have to be mindful of the validity periods, as any days where the client would be working out of status could severely impact their immigration status. If Ishaan was illegally working while out of status on his H-1B, this could raise many concerns and issues with his extension and green card process. Many may question whether an H1B extension after 6 years is possible. It is possible, however, that you need to consider the green card process.
Since Ishaan had less than a year left on his H-1B status, we had to rely on Section 106 (a) and (b) of the AC21 (American Competitiveness in the 21st Century Act). This allows H-1B holders to extend their stay beyond six years if a PERM Labor Certificate or I-140 Immigrant Petition was filed at least 365 days before the end of the 6th year for the H-1B validity period.
To maximize our client’s chances, we compiled and submitted a comprehensive I-140, H-1B extension, and transfer package that included:
- The I-129 form with an H supplement, as his wife was with him
- Certified Labor Condition Application (LCA) from the Department of Labor
- A detailed letter from the new employer, outlining Ishaan’s new CPO responsibilities, offered salary, and business plans
- Accreditation of the company, including business models and websites
- Ishaan’s academic credentials
- Printouts of job ads to demonstrate that a bachelor’s degree is a standard requirement for the position
- Filing fees
Filing the extension would allow Ishaan to continue working with an extension while his green card was being processed. Luckily, our team was fast to act on filing the I-140. Not only was his immigration status on the line, but also his wife’s, who was here on an H-4 visa. We submitted everything in under a month, as we didn’t want to risk processing times taking longer than expected and putting Ishaan out of status.
Verdict
Within one month, we received the E approval! Then, after three months of filing the extensions, Ishaan’s I-129 and I-140 were approved.
