H1b extension using approved I-140 from previous employer


ashwinit

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Hii

 

I am currently on H1B with a companyA who filed for my GC and have my I-140 approved. In 2012, I completed 6 years of my H1B and was given another 3 years of extension since my I-140 is approved. My current H1B with companyA expires in June 2015.

 

I am looking to switch jobs to another company B, which is ready to file my GC.

 

1. Can my new employer file for H1B transfer if I switch jobs before June 2015? 

2. After june 2015, Can my new employer file for 3 year extension on my H1B -

    a) using the I-140 approved by my previous employer?

    b) does the new employer have to do the PERM and I-140 for a new GC and only after this I-140 gets approved, they can file a 3 yr extension?

 

Please help. 

 

Regards,

A



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1. Can my new employer file for H1B transfer if I switch jobs before June 2015? 

Yes

2. After june 2015, Can my new employer file for 3 year extension on my H1B -

    a) using the I-140 approved by my previous employer? - If you have approval notice, then yes

    b) does the new employer have to do the PERM and I-140 for a new GC and only after this I-140 gets approved, they can file a 3 yr extension?

To file 3 yr extension - you don't need PERM and I-140 from new employer.  But to port priority date you have to start over.

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