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

Posted

1. Yes, when filing if they include your approve I-140, depending on the employment offer you get from employer (B) you may get 3 more years

2. I-140 cannot be revoked... atleast as far as i know. Make sure you take a copy of your approved I-140 from your employer (A)

3. employer (B) can file any time... its their wish. If you can ask them to initiate the process sooner, it will be better for you.

Posted

I140 can be revoked, but it won't affect your already approved petition from the new employer. If it got revoked, you need to make sure that you get labor and I140 approved from your new employer, before your next H1 extension. Otherwsie, you are not eligible for further H1 extension.

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