H1-B 6th year and approved I 140

[sapen]

Hello,

I am H1-B visa 6th year and my H1 is valid till Jan 2017. I got my I140 approved last month and I am now planning to change employment. Below are some of my questions:

1) will the new company be able to apply for H1 extension and change of employer as I am already in 6 th year of H1?

2) will the new company be able to apply for my GC since I am in 6 the year of H1?

3) if yes then can the new company port my PD which is March 2013?

Thanks a ton.

[jairichi]

1. Yes.

2. You need to ask new company.

3. Yes. In a recent post an attorney from Murthy law firm had responded that they have seen some cases when PD cannot be ported when previous employer withdraws approved I-140.

[sapen]

Actually my H1-B got approved in 2009. Applied for GC in 2013.

[sapen]

But the new employer is not willing to file GC until 1 yr from now. Can they still file GC?

[jairichi]

But the new employer is not willing to file GC until 1 yr from now. Can they still file GC?

A GC is future based and so can be filed anytime.

[sapen]

My only concern is I am in the last year of H1-B.

[jairichi]

My only concern is I am in the last year of H1-B.

 

Based on approved I-140 your new employer can request for 3 years extension. After H1B approval even if current employer revokes approved I-140 you still have 3 years to get I-140 approved with new employer to get fresh extensions.