I-140 approved Non-Profit, H1-B Extention

[greatbear302]

Do you need to stay with the same employer who filed I-140 (EB3) in order to avail the 3 year H1-B extention beyond the 6 year limit ? (My employer is non-profit if that makes any difference)

I understand this will require re-filing of PERM as well as I-140, but with retention of priority date.

[tux78]

Hi,

In 2011, I was working for a university. I was in EB-3 with approved I-140 and fifth year of H-1b. I was able to switch to another university and extend the h-1b to 2014. yes, you are correct, you have file PERM again. One small risk is that while your are applying for the new job and h-1b, your current employer can withdraw I-140 (if they find out you are leaving). Not sure what happens if the h-1b application is pending. I took the risk and worked out for me.