H1B extension after 6 years and then changing employer


chandant

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Posted

Hi,

My H1B (1st extension) is expiring in August, 2013 and my employer is planning to file the post 6 year extension next month. I have an approved EAD and Advance Parole document. After the extension is approved, can I change employers? Based on the reading that I have done, my understanding is that this is possible - my new employer will have to file for a H1B transfer and as per AC21, my pending I485 application can be transferred to the new employer. Can anyone please confirm this?

Thanks in advance for your time.

Chandan

Posted

Extensions beyond the six year in H-1B classification are possible for individuals petitioned by employers other than the ones who have filed the immigrant petition or PERM (green card) application for the beneficiary. Permanent portability of the immigrant petition and adjustment of status is possible when the new job with the new employer is in a same or similar job as the one for which the immigrant petition/PERM (green card) application as filed, the individual is the beneficiary of an approved I-140 petition and the I-485 has been pending greater than 180 days.

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