Ashamy

1-140 approved, located outside the US. Switching employers after H1 expiration

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Hello - My 1-140 was approved with the current employer back in 2016. I moved to the UK with the same employer later in 2016. My H1B 6 yr period expired in 2017 (though I didn't use up roughly 2 yrs - 1 year in UK and 1 year earlier). Additionally my GC application hasn't been revoked.

My question is that if I want to switch to a different employer in the US, is that possible, as I do not have any time left on my H1B? Can an non-cap H1B extension be filed by the new employer? Any other significant hurdles that I may face during this process?

Appreciate your help.

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You have 2 years left in H1 status. In view of the approved I-140, you are eligible for extensions beyond the initial 6.

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Yes, you qualify for non-cap H1B extension for 2 more years. The new employer has to file gc again (you would retain the old pd) and then apply for 7th yr h1b based on new approved i 140.

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In view of the I-140 being approved for more than 6 months, you are entitled to H1 extensions TILL your PD from that I-140 is current.

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