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I140 approved transfer h1 to new employer

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I have a question regarding the H1 transfer after I140. here is my case on H1 & I140 -

H1 approved on 23-March-2018 valid till 22-March-2021 

I140 approved.

now I have got an offer from a new employer. If I transfer my existing H1 to the new employer then How many yrs I will get on H1? is it going to be 3 yrs or remaining period on the existing H1. can you please help.

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9 hours ago, H1B_I140_ANB said:

If I transfer my existing H1 to the new employer then How many yrs I will get on H1?

Depends. There is no minimum.

It all depends on the availability of the employment opportunity, validity of the petition and the time left on your tenure.

Consult with an immigration attorney or you will have a chance to speak with the immigration team of your new company whom you intend to transfer too, based on the paperwork submitted with the transfer petition your case would be adjudicated and your approval notice will let you know how many years your new H1B status with your new employer is valid. There is always an uncertainty of the duration of the approval. 

You may want to refer this article on Murthy Law Firms website 


I am working for Employer A in H1B status. Employer B filed an H1B change of employer petition for me. Can I start working for Employer B right away?

Ordinarily, if an H1B beneficiary is in valid H1B status, s/he is legally allowed to start working for the new employer upon the filing of an H1B petition requesting a change of employer. If the H1B petition is approved as a change of employer (with I-94 card updated at the bottom of the approval notice), one may continue to work for the new employer until the expiration date on the I-94 card / H1B approval notice. If the H1B petition is approved with no I-94 card attached to the approval notice, one may have to immediately stop working, depart the United States, apply for an H1B visa at a U.S. consular post abroad, and be readmitted to the U.S. in H1B status before being authorized to continue working for the H1B employer. Status issues can be complicated and, if there is any question as to whether one is authorized to engage in H1B employment, s/he should consult with an experienced immigration attorney.



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