Change job while H1B extension (based on approved I-140) is pending

[jshading]

Hi - Thank you in advance for reading and answering my question.

 

Say the end of the 6th year of my H1B is December this year. My current employer just filed a 3-year H1B extension (non-premium) for me based on a recently approved I-140. Can I switch job now? The new company is willing to do H1B premium processing and green card for me right away. I'm worried that as soon as I leave my current employer, they will revoke the I-140 and the H1B extension petition, so my H1B will come to an end soon after I join the new company. 

 

I came up with two alternative solutions - 

 

1. Before I leave my current employer, can the new company file and extend my H1B using premium processing, based on my current I-140? That way I only need to wait for another 15 days for the premium processing. Once the new H1B is approved, the additional 3 years is mine to keep. 

 

2. Can the new company directly file and extend my H1B for only 1 year, based on the fact that my PERM is filed 365 days before the end of 6 years? No one can really revoke the date that I filed my PERM...?

 

Thank you very much!

[pontevecchio]

1. Yes. That would work.

 

2. PERM is irrelevant once your I-140 is approved.