Changing job after 140 approval

[bluejet]

Hello,

 

Here is my situation: H1-B 7 years, expired in June 30 2015, but extended in May 2015 which is not yet approved. Got I-140 approval in June 2015, 485 is not current. Now my employer got a hard time on business. I'd like to stay even there might be a salary cut, but there could be a layoff any time.

 

My questions are:

 

1) Is it legal to find a new job before the extended H1-b approval? If yes, how long could the new employer extend my H1-b?

 

2) My attorney told me because the H1-b extension was filed before the approval of 140, so this extension is only 1 year: from now to June 30 2016. Is it better to change job immediatly after I get the 1 year H1-b? Or wait for the next extension to get a 3 years H1-b?

 

Someone (not expert) told me because the H1-b extension must be filed 1 year after submit the PERM, so 1 year H1-b is not long enough to start a new application of GC.

[jairichi]

1. Yes. You might get it for 3 years with approved I-140.

2. Immediately and you will get 3 years based on approved I-140.

 

If your employer revokes I-140 after you get 3 years H1B petition approval then you have 3 years to get your I-140 approved to get more 3 year extensions.

[bluejet]

1. Yes. You might get it for 3 years with approved I-140.

2. Immediately and you will get 3 years based on approved I-140.

 

If your employer revokes I-140 after you get 3 years H1B petition approval then you have 3 years to get your I-140 approved to get more 3 year extensions.

 

Thank you very much for your help.

 

Since the GC is based on a future job. For example, I'm going to find a new job or even fail and left country, if my current employee don't revoke the I140, can they continue my GC application? Will there be any trouble?

[jairichi]

Thank you very much for your help.

 

Since the GC is based on a future job. For example, I'm going to find a new job or even fail and left country, if my current employee don't revoke the I140, can they continue my GC application? Will there be any trouble?

Yes, your GC will be processed with no issue due to you being abroad.

[bluejet]

Thank you. I really appreciate you help.