Recapturing time on H1B and switching companies


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Posted

Hello All,

I've been working with Company A for 4.5 yrs and H1B expires Sept 2014. My PERM LC process will be starting soon.

Questions:

(a) If my PERM LC gets filed 365 days before the end of my H1B (Sept 21, 2014), is it possible for me to switch companies after this, knowing that my PERM LC would have to be re-submitted with the new company? Would my priority date be retained based on the PERM appn or should I-140 be approved for that?

(b) What is the application fees to USCIS for recapturing time on a 6 yr H1B? And if were to leave the country during that recatpured time, do we have to get a H1b stamp before entering the country?

Thank you in advance for your help.

Posted

For point A,

You need I-140 approved for fresh 3 years. You can't switch employers after PERM and get any new time on H1 beyond 6 years.

For point B - USCIS fees are standard. Your attorney can advise you.

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