I-140 approved and want to change company


rajubuthi

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Hi,

   I have a approved I-140 with my current company and I am now on my 10th year on H1B.

 

If situation arises such that I need to change my company, can I transfer my H1B based on my current I-140 approval or I need to stay 365 days out of USA for a H1B clock reset?

 

Thank you in advance..

 

 

Regards,

Raju

 

 

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Hi,

   I have a approved I-140 with my current company and I am now on my 10th year on H1B.

 

If situation arises such that I need to change my company, can I transfer my H1B based on my current I-140 approval or I need to stay 365 days out of USA for a H1B clock reset?

 

Thank you in advance..

 

 

Regards,

Raju

You can move to new employer and get 3 years extension based on approved I-140. But, for some reason your current employer revokes your I-140 after you moved to a new employer you can stay in US till the 3 year extension limit unless your new employer initiates GC process and gets new I-140 approved. You will retain the PD of your old I-140. In case new employer does not initiate your GC process in 3 years then you need to stay outside US for 365 days before a cap subject H1B petition could be filed to get fresh 6 years.

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