after PERM and I-140 are approved.


KaranL

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Hello I have a couple of questions.

 

1) After my PERM and I-140 is approved. Can I look for a new job immediately? I will just have 8-10 months left on my original (6 yrs) H1-B visa period. Is this advised?

 

2) Does my original H1-B visa term (6 years) automatically gets extended (beyond the original 6 years) after my PERM and I-140 are approved (from my current employer) even after I decide to change employer?

I will have approximately have 8 to 10 months to find a job before my original 6 yrs term is expired?

 

OR

 

is it advised that I stay in my current job and apply for H1-B visa extension (beyond my 6 yrs term) with my current employer and then look for a new job when the visa extension is approved (or extended for next 3 yrs)?

 

Thank You.

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1. You can look for a new job at any time. It's not clear what your considerations are other than the ability to extend your H1.

2. Nothing gets extended automatically. Your employer (old or new) still has to file an H1 application on your behalf. The extensions beyond 6 years are possible if you have a valid green card process under way. If your I-140 is withdrawn - no valid process and no extensions.

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Thank you for replying.

My question was not very clear. My bad. All I am tyring to understand is what is the right term to change the employer once I-140 is approved and I still have 8 months left from my 6 year visa term.....

 

(Assume I just have 8 months left from my 6 yr visa period and I found a new job)........now....... are you saying that if my current employer withdraws my approved I-140 before my new employer files for my H-1B visa he wont be able to get my visa extended beyond the reminder of the 6 year term?? right??

 

On the other hand....Is it a good idea to stay with the current employer for a couple of more months until my H1-B visa extension is approved with my current employer (for next 3 year beyond the original 6 year term) and then jump to the new job with the extended visa.......I know the new employer anyways has to file for my H1B again....will it be any easier or safer if I already have an extended visa from my current employer? All I want to make sure is that the new employer will have atleast 1.5 yrs on my H1-B visa so that he can refile my PERM and I-140 (I assumed my old employer will withdraw my I-140...worst case)......

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You have your original 6 years - and you are entitled to them all, regardless of what's going on with your immigration case(s). Beyond that, you need to have a valid immigration petition in process, and there are additional conditions on which stage it is in and when it was started. But it needs to be ongoing, and this is why a withdrawn I-140 would not cut it for the extension beyond the original 6 years.

 

If you get a 3 year H1B extension beyond the 6 years, then you are entitled to that time whether your I-140 remains valid or not during those 3 years. You can check with a lawyer on that - you can call any immigration lawyer and ask for a paid consultation.

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