Changing jobs after getting I-140 approval

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1. I work for company A and have my I-140 approved with them. My H1b 6 years end in september.

2. I still have to apply for my 3 year extension.

3. I need to change my employer to company B


1. Should I apply for my 3 yr H1b extension with company A and then switch over to Company B? In that case, will company B have to file for Labor, I-140 all over again before they file for my H1b extension?

2. Is my 3 yr extension on H1b from company A valid for me to work in company B?

3. Will the company B have to file for an extension after company A files for an extension? Or can I just get an extension from company A and do a H1 transfer to company B?

I am really confused on how this pans out. I need to switch to company B, but I am not sure how the whole extension thing will work out.

My understanding:

If company B needs me, then they will have to transfer my H1, then file for labor & I-140 all over again before they can ask for a 3yr extension on H1b, right? Because I can only get a 3yr extension from company B, if they have an approved I-140 for me, right? And all this needs to be done before september of this year, right?

Please advise.

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Your definition of facts is obviously not the same as the one I am using. In regard to your questions 1. Based on an approved I-140 you are entitled to 3 year extensions of the H1 beyond the 6 years with ANY H1 SPONSOR. This 3 year extension stands even were the I-140 to be revoked subsequently. B will have to file for PERM, I-140 if they want to sponsor your GC and since I assume A will not be a happy camper if you dump them willy-nilly they will revoke the I-140. 2. See the reply to 1. Your question #2 is not relevant . 3. NOT NECESSARY. If you want to work for B and you have an approved I-140 with ANY EMPLOYER , B needs to file a H1 petition for you and get it approved. The word "transfer' is a misnomer. B can ask for a 3 year H1 extension based on the approved I-140 with A. B can file a GC for you if they want. That has no connection to the 3 years in H1 status possible with B based on the approved I-140 you have.

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  • 3 weeks later...

I am in my 6th year of H1B visa ending in Sep 2013.I got my I-140 approved in May 2013.I am seeing a possible layoff.I want to know that with the approved I-140 what are the options available to me:

1) Can I get a job in another company if I find h1b sponsor company?

2) Is there a certain time frame when I have to find a job?

3) Will my priority date will stay the same even when I got a job in another company?

4) Do I have to get PERM and I-140 approval again?

Please help me out.Thanks.

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