employer change after 140 approval

[rahul1982]

Hi,

I’m into my 7^th year of my H1. My labor got approved on Aug 2013 and I-140 on Sep 2013. I have my H1 extended based on approved I-140 and it is valid till November 2014.

 

Few questions – could you please help me getting it clarified?

1. Is there any rule that I need to with the employer for a minimum of 6 months after I-140 approval (in my case it’ll be till March 2014) ?
2. I believe I can just transfer my H1 to another employer, which will be valid till Nov 2014, and I’ll have to go through labor and 140 process again with the new employer.
3. Would it be advisable to get my H1 extended with my current employer and then to transfer H1 to another employer, so that I’ll have sufficient time for GC process to begin? In that case, when can I apply for H1 extension? I guess I can do only in June 2014, as I cannot apply before 6 months of the H1 expiry. Please confirm.

 

Thank you very much for your feedback.  It would really help me to plan in advance.

[jairichi]

Hi,

I’m into my 7^th year of my H1. My labor got approved on Aug 2013 and I-140 on Sep 2013. I have my H1 extended based on approved I-140 and it is valid till November 2014.

 

Few questions – could you please help me getting it clarified?

1. Is there any rule that I need to with the employer for a minimum of 6 months after I-140 approval (in my case it’ll be till March 2014) ?
2. I believe I can just transfer my H1 to another employer, which will be valid till Nov 2014, and I’ll have to go through labor and 140 process again with the new employer.
3. Would it be advisable to get my H1 extended with my current employer and then to transfer H1 to another employer, so that I’ll have sufficient time for GC process to begin? In that case, when can I apply for H1 extension? I guess I can do only in June 2014, as I cannot apply before 6 months of the H1 expiry. Please confirm.

 

Thank you very much for your feedback.  It would really help me to plan in advance.

1. No.

2. If your I-140 is not revoked your new employer could ask for 3 years extensions not more than 6 months before current I94 expiry.

3. Yes, get the extension with current employer and then move to new employer.

[rahul1982]

Thank you for your response.

How do I find out if my employer will be/has revoked my I-140? I'm not sure if the employer generally do if someone leaves the company after 140 approved.

I do have the 140 approval notice.

[jairichi]

Thank you for your response.

How do I find out if my employer will be/has revoked my I-140? I'm not sure if the employer generally do if someone leaves the company after 140 approved.

I do have the 140 approval notice.

Ask your employer.