Changing Employer with Approved I 140


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I am currently in 6th year of my H1 and it got extended for more 3 years based on approved I 140 petition from the current employer. Now i got an offer from one of the big indian consulting company but they will not process GC until 1 year. Please provide your suggestions...

1) Will my new H1 will be approved for 3 years?

2) Will the priority date (Aug 2010) will be ported with the new PERM from the new employer?

3) If its taking while(more than a year to apply Labor) from the new employer can i join the old employer and use the approved 1 140 petition unless its not revoked?

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In most cases, an individual is permitted to extend H-1B classification beyond six years with an employer based on a green card processed filed by a previous employer. Priority dates are retained between approved I-140 petitions, not PERM applications. Unless revoked or withdrawn, the validity of an approved I-140 is indefinite.

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  • 3 weeks later...

Thanks Attorney_11.

I have one more question, my H1B from current employer is valid until Feb 2016 and i am in 6th year with approved I 140. So when i take transfer to other company will the new H1B get same date or 3 years from the date requested? Is there a possibility that it can extend only 1 year with new employer or USCIS will take the same date Feb 2016?

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