6th year H1B extension question

navtas

New Member
Here's the situation.
I am in the 5th year of H1B. My EB3 labor approval is in Nov 07 and my I140 is pending.

If I want to change employer during 6th year H1B, how will that affect the H1B extension? Does the H1B get extended to 1 yr with the old labor?

How can we retrieve the old PD and apply it to the new GC under the new
employer if the job duties are similar?

Thanks,
 
Your new employer can extend the H-1B. Also, you have to start the GC process afresh. However, if your I-140 is approved you can keep the Priority Date (unless revoked by the employer).
 
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You can only file for an extension beyond your sixth year based on a.) a labor certification pending for at least one year, or b.) an approved I-140. You can't extend past your 6th year based on a pending I-140.

You can only retrieve the old priority date if the I-140 is approved and your company does not revoke it. You would then have to do a new PERM LC and I-140 with the new company and request a re-capture of your previous company's priority date.
 
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