Best Immigration Lawyers in Cheektowaga, NY

Extensions are possible if an employer files a PERM case or an I-140 petition on your behalf at least one year before you reach the six-year limit in H-1B status. Thereafter, your H-1B status may be extended in one-year increments. Once you have an approved I-140 petition, your H-1B status may be extended in three-year increments until your priority date is current.

If you are working in the U.S. with an H-1B visa, you have up to 60 days or until your I-94 expires (whichever comes first) to find a new sponsor for a change of employer, apply for a change of status, or leave the U.S.

Unlike the H-1B, the O-1 has no numerical limit. There is no minimum prevailing wage requirement, although the wages offered should be what is expected for someone in a position of O-1 caliber. While premium processing is occasionally suspended for H-1B petitions, it remains available for O-1 petitions.

If your employer sponsors your NIW petition, a new petition may have to be filed. If you petition for yourself, changing employers should not affect the status of the case. The new position must continue to satisfy the requirements of the NIW.

No. EB-1 does not require a job offer, but you must articulate how you intend to continue working in your field. You do not need to go through the PERM labor certification process.