140 approved - changing jobs - how does it work ?

[mitr]

I have been with company A since my graduation and am on my 6th yr of H1B ( 5 months - remaining) and am contracting at the client.

I have 140 approved. I have a job offer from the client and is willing to do a H1B transfer.

now, with my situation above how does it work out.

1. if i take the offer and the client applies for a transfer will i get the transfer approved for just 5 months remaining of h1b ?

2. or since i have an approved 140 with company A will i get the h1b for 3 yrs ( as in, an extention) ?

if 1. is true, should the client apply for labor asap in order to apply for extention at the end of 5 months ?

please share any information that might be helpful

thanking in advance

[xfitter]

I think you will get H1B valid for 3 years with the new employer, based on your approved I-140 with the current employer. My friend did this when recently changing jobs, and he got H1B for three years with the new company, although H1 with prior company was expiring in 2013. Again, always check with an immigration attorney.

[catchgul]

I dont think you will get H1B for 3 years...as far as I know, once you change your employer your current Labor and I-140 is no good except for the fact that you can carry over your priority date if the new employer files Labor and I-140. With just a few months left in your current H1B, I dont think you would have enough time to get your I-140 approved with the new employer.

In your case it would be best to get H1B extension with the current employer and then switch jobs otherwise its way too risky.

Again, I'm not an expert on this so please verify this information.

[kalleo]

You are good, you will get 3 yrs of extension with your new employer based on the I-140 approval from the old employer, provided, you need to have the I-140 approval details and you have to make sure that the new H1B approval comes before your old employer revokes I-140.

Hope this helps.

[catchgul]

Ok. Looks like I was wrong.

You can extend your H1B using the previous employer's approved I-140.

I wasnt aware of this and its very useful information for me too.

Sorry if I caused any confusion.

[konquistador]

Hi Mitr, i am in a similar situation and worried if i will get the 3 years of extension based on Old Employers approved I-140 or not?

Did it work out for you? Please let us know.

Thanks,

Kon