Can I change job on the 3 year ext. after I-140 clear

WhyMe3200

Registered Users (C)
Guys After I-140 approval I will get 3 year H1B extension. I have allready completed 7 years in U.S. hence this extension will be will be for 8-9-10th year.
Will I be able to change job using that H1B. A friend of mine tells me this extension is not same as your 3-4-5th year extensions. Hence you can't change job during these 3 years as they are purely for the Labor or Green card sponsoring company. I found it strange but nothing is strange in U.S. immigration dictionary. Please give your inputs!!!!
 
WhyMe3200 said:
Guys After I-140 approval I will get 3 year H1B extension. I have allready completed 7 years in U.S. hence this extension will be will be for 8-9-10th year.
Will I be able to change job using that H1B. A friend of mine tells me this extension is not same as your 3-4-5th year extensions. Hence you can't change job during these 3 years as they are purely for the Labor or Green card sponsoring company. I found it strange but nothing is strange in U.S. immigration dictionary. Please give your inputs!!!!
I guess you can.. however, you need to file a new labor with your new employer before the h1's 9th anniversary. Also you can request the pd of previously approved I-140 (with previous employer), be transferred when you file I-140 with new employer.

Just my 2 cents... consult a qualified attorney before arriving at any conclusion.
 
Last edited by a moderator:
Thanks for your reply.
GChelp123 said:
I guess you can.. however, you need to file a new labor with your new employer before the h1's 9th anniversary. Also you can request the pd of previously approved I-140 (with previous employer), be transferred when you file I-140 with new employer.

Just my 2 cents... consult a qualified attorney before arriving at any conclusion.
 
WhyMe3200 said:
Guys After I-140 approval I will get 3 year H1B extension. I have allready completed 7 years in U.S. hence this extension will be will be for 8-9-10th year.
Will I be able to change job using that H1B. A friend of mine tells me this extension is not same as your 3-4-5th year extensions. Hence you can't change job during these 3 years as they are purely for the Labor or Green card sponsoring company. I found it strange but nothing is strange in U.S. immigration dictionary. Please give your inputs!!!!

Yes.
In fact you can also file for H1-B transfer (for 3 years) with new company. The approved I-140 need NOT to be for the current (or future) employer.
 
So on the basis of current employer's I-140 and current 3 year extension. I'll get a 3 year H1B on transfer, though I wouldn't have applied Labor or I-140 for the new company ?
desi3933 said:
Yes.
In fact you can also file for H1-B transfer (for 3 years) with new company. The approved I-140 need NOT to be for the current (or future) employer.
 
WhyMe3200 said:
So on the basis of current employer's I-140 and current 3 year extension. I'll get a 3 year H1B on transfer, though I wouldn't have applied Labor or I-140 for the new company ?

Yes. This is correct.
However, if I-140 is revoked by previous employer, you will need another LC/I-140 at the time of future H1-B transfer/extension. In other words, you have 3 years to get another I-140 approved for future H1B extension.
 
Eventually I'll do that. Currently I'm waiting for my I-140 to be filed, after that 3 year ext. So it'll be a while.
jonty said:
Please consult a nice attorney, it is a matter of your life.
 
Top