Questions regarding job change in the 6th year of H1B


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Immigration Status : H1B (almost at the end of 6th year)



Green Card filling status- (EB2) :



·         PERM Approved 


·         I140 Pending (Just received an RFE) – Premium processing



Subject : Questions regarding the job change with above immigration status



I’m thinking to change the job at the end of the 6th year of H1B (with Less than 6 months left). I got the PERM labor certificate approved  and I140 is in process (received an RFE).



1.       If I change the Job with an approved I140 (assuming will get approved soon) and if my old employer revokes I140 (I’ll make sure that First I got the H1B transfer first with my new employer before I leave my old employer), Is it going to VOID my H1B with my new employer?



2.       What If my OLD employer revokes the 140 BEFORE I get my H1B transfer with the NEW employer?



3.       Is there a rule that employer cannot revoke the I140 after the 6 months of approval of I140 (if yes than I can stay for 6 moths with OLD employer)? OR Is there a rule that I have to stay for 6 months after the I140 approval who  filed my I140 petition?



4.       What if I got to India for stamping and if they find that I140 is revoked by my OLD employer, can they denied stamping even though I got the approved I797 with NEW employer?



5.       Is it advisable to do a job change with PERM approval only (and NOT approved I140) specially at the end of the 6th year of H1B?


Thank you for your help and support!

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