6th year H1B - Job change


desiguy1

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Posted

My 6th year H1B visa ends in Oct 2014 and I am going through a labor market test phase with company A. I have an offer from company B. How risky it is to change job in last year of H1B? 

 

Layoffs are expected at the end of year at company A. I am worried that if I get laid off by year end, I will not have approved I-140 and I will have no option but to move back to India. 

 

With company B, there is a risk that I may not be able to get approved I-140 in time. Is there a way to accelerate process with company B?

Posted

Do I need to have an approved labor before my 6th year H1B expires? Could my application be pending? 

 

Yes Labor can either be Pending or Approved..you wouldnt be able to extend based on just Approved Labor (unless its past 1 yr) you'll need I-140 to be approved or in pending status in order to get H1 extended.

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