Changing Employer after 6 years on H1

[employeeemployer]

Hi Gurus,

 

I have a question about changing my employer after 6 yrs on my H1. Here is my situation.

 

 

Employer A: 2007-2009

 

changed employer

 

Employer B: 2009-2012

 

same employer - extension applied after i140 approval

 

Employer B: 2012-2015

 

So right now I am Employer B whose H1 is valid until 2015.  2013 will be my 6th year on H1 status overall.

 

Can I change my employer in this situation? If I change my employer now, will I get my new H1 for 3 years or only until October this year which is when my 6yrs of H1 will complete.

 

Please help me out. I am confused here.

 

Thanks

[tux78]

Please consult an attroney for professional opinion.

 

I think with a valid I-140 you can get another 3 years for H-1b. I did this in 2010 in my sixth year and got a 3 year extension. However, my lawyer then did mention that there is a small possibility H-1b can be approved for one year instead of 3. But usually 3 year extension is common. 

 

Regarding changing jobs, it is always safer to resign after you receive the new H-1b approval so keep that in mind. This is what I did:

 

1. I got my I-140 approved from company X.

2. Started intervinewing six 6 months after that.

3. Got an offer from company Y, asked them apply for H-1b.

4. It took another month from the day I accepted the offer for all the paper work to be finished. Then I gave my resignation and started the new job.