Change Jobs: I-140 Approved: 6th year


manjusha78

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Posted

Hello:

Currently on 6th year of H1B – expires Sep 2013. My I-140 with current employer(A) got approved in Dec 2012.

Have got a better offer from another employer(B).

1. If I join employer(B) will my H1B get extended for 3 years based on my existing I-140 status?

2. If current employer(A) revokes my I-140 after I join employer B, will my H1B get affected?

3. When does the new employer(B) need to file my labor?

Thanks in advance

  • 2 weeks later...
Posted

Generally, an employer can seek extensions beyond the sixth year for an employee who is the beneficiary of a PERM filed more than a year before the end of the employee's sixth year in H-1B status or is the beneficiary of an approved I-140 in a backlogged immigrant category. Extensions beyond the sixth year are not permissible if an I-140 is revoked. Generally, it is prudent to pursue a green card application with an employer with whom one has the intention to work full time in a full time permanent job opportunity as soon as permissible and possible.

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