On H1b with 7th yr extension and I485 pending. Can I change employer?


Indiaisgreat

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I am working with Company A for last 6+ years which filed for my GC. Currently I am on H1b approved till 2013 based on my GC application and approved I140 with pending I485.

  1. Can I change employer without risking my H1b visa status?
  2. Will H1b transfer be extended for another 3 years or will it be for just one year?
  3. Can my new Employer file for my GC in EB2 (earlier is in EB3) and use my earlier priority date?

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  • 2 weeks later...

Generally, pursuant to the provisions regarding extensions of H1B status beyond the normal six year limitation, if an I-140 petition was filed on a beneficiary’s behalf in the first three employment categories and the I-140 is approved, but due to the per country limitations is unable to adjust status, the individual would typically be eligible for a three year extension of the individual’s H-1B status. However, the I-140 must be valid at the time the new H1B petition is adjudicated. Therefore, to ensure your ability to obtain an H1B change of employer petition beyond the normal six year limitation with company B it is advisable to speak directly with a qualified U.S. immigration attorney prior to making any changes. The Murthy Law Firm has very well-regarded Green Card and H1B Departments with extensive experience able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

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