Changing employer on approved I-140 before 180 days


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Hello folks,

I received an approval for my I-140 case this week, and have gotten an H1B for my current employer beyond the initial 6 years, up to Oct 2021.

I know I will be able to switch employers and retain the priority date, even after my current employer withdraws & revokes the current I-140.

But what I am not clear about is the H1B transfer. What would be the validity of the new H1B filed by the new employer ?

Would it be till Oct 2021 or would be extended out by 3 years from now ? Appreciate all the help and insights that you can provide.

 

Thanks,

Parag

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On 3/22/2019 at 2:43 PM, Parag Saoji said:

Hello folks,

I received an approval for my I-140 case this week, and have gotten an H1B for my current employer beyond the initial 6 years, up to Oct 2021.

I know I will be able to switch employers and retain the priority date, even after my current employer withdraws & revokes the current I-140.

But what I am not clear about is the H1B transfer. What would be the validity of the new H1B filed by the new employer ?

Would it be till Oct 2021 or would be extended out by 3 years from now ? Appreciate all the help and insights that you can provide.

 

Thanks,

Parag

You need to understand that there is nothing as H1b transfer. It is basically applying for new H1b with exception that yours will not be counted from quota or lottery. And till your PD becomes current, you are allowed to keep extending H1b beyond six years because you have approved I-140. Also, when you change employer after I-140, you need to start again from PERM with new employer and request to retain same old PD.

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