Employer change on I140


humblemo

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Hi, I'm currently on H1B with my i140 approved (priority date of June 2012 - EB3) with my 3rd 3 year extension ending in Jan 2014. I'm applying for a full-time position with a different employer and have the below questions for the experts on the forum:

 

1. Is there any risk associated to have the future employer apply for my H1 when my current H1 is about to expire or extension is in progress? Or should i wait till my H1 extension with current employer is approved (which i plan to do in premium) before having the future employer file a new one?

2. Is there any rule that states if the priority date is not current, a 3 year extension could be filed? This was told by the immigration dept of the future employer.

3. Any other recommendation/thoughts on my scenario?

 

Thanks and as always appreciate everyone's help on such questions! 

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Hi, I'm currently on H1B with my i140 approved (priority date of June 2012 - EB3) with my 3rd 3 year extension ending in Jan 2014. I'm applying for a full-time position with a different employer and have the below questions for the experts on the forum:

 

1. Is there any risk associated to have the future employer apply for my H1 when my current H1 is about to expire or extension is in progress? Or should i wait till my H1 extension with current employer is approved (which i plan to do in premium) before having the future employer file a new one?

2. Is there any rule that states if the priority date is not current, a 3 year extension could be filed? This was told by the immigration dept of the future employer.

3. Any other recommendation/thoughts on my scenario?

 

Thanks and as always appreciate everyone's help on such questions! 

1. As long as your current employer does not revoke your I-140 you should be able to get extension.

2. Yes, that is correct.

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