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Chai

Changing employer while I-140 under process.

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Hello,

My H1-B status with employer A started on Oct 1, 2010. 

Employer A: I-140 filed in 2012 and approved with PD Nov 2012. Not revoked by the employer. 

Employer B: I-140 filed in 2017 and approved with PD Nov 2012. Not revoked by the employer. 

Employer C : H1- B stamped recently with validity April 2022. I-140 filed in June 2019 and it's under process. Expecting approval in Jan 2020.

I am planning to move out of the area and therefore, feel that I switch to employer D. H1-B can be transferred readily and new I-140 will be filed in 12 months. 

I am aware H1-B and I-140 are mutually independent at this stage. Is it safe to switch while I-140 from employer C is under process? Not sure if employer C withdraw the I-140 application. Appreciate reading and replying to this post. 

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Undoubtedly. Irrespective of actions of Employer C, you are good to go with a new employer and use the approved 140 from B, to get extensions until you get approved 140 thru D.

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