Changing company after getting I-140 approved and before filing I-485

[Rakesharm]

Hi,

Please suggest me on the below issue.

I am on 6th year of H1B & got my I-140 approved(Priority date - May 2012) with the current employer.

Given the situation, What are all my options to switch to other company if i get a good offer?

1. If a new employer applies for H1 transfer will i be eligible for 3 year extension or just 1 year

(remaining time on my H1)

2. If i get a 3 year extension with the new employer, what happens to the validity of my H1 if my old

employer cancels or revokes my I-140? will my H1 gets invalidated as well?

3. Considering that I have left with only around 12 months in H1-B towards 6 year count, what happens if the new employer cannot get my Labor and I-140 approved within the remaining 12 months?

Thank you in Advance for your suggestions...

[pontevecchio]

With the right paperwork you are eligible for a 3 year H1 extension. Remember the extension can only be filed within 6 months of the previous H1 expiry. Once approved it stands even if the I-140 is SUBSEQUENTLY revoked.

[Jyothis]

New employer should be able to use the existing 140 to extend your H1 for 3 years - beyond 6 year mark - as long as the old company revokes it for fraud or misrepresentation. Your H1 validity is with your current employer and USCIS and not with your old employer.

Consult your potential employer's attorney or hire your own, as each case could be different with all the papers and parties involved.

[Rakesharm]

Thanks a lot for sharing the information.

[pontevecchio]

Usually revocation of the I-140 for fraud is done by the USCIS and not the employer.