Change employer after 6 years in H1B while I-485 is not filed?

M

mingster

New Member
Hello,

I have been with Company A and used the H1B visa for over 6 years now. The current company can continue to get extension for my H1B because I have got my Labor Cert but my I-485 is not filed yet due to backlog in priority date. I was initially filed in EB3 category.

My question is whether I can change company and continue on my H1B visa status after 6 years without leaving US for 1 year? Also what will happen to my old labour cert sponsed by the old company when I change employer? Can they re-use the old one and continue my green card process? I would like to know what is the impact or consequence if I change company after 6 years on H1B and how would that impact my future green card application process? Any advice will be greatly appreciated!


thanks

mingster
 
YOu can do that, but there is a risk.
If your labor was substituted to somebody else( i guess sub labor was not banned yet) or revoked by original employer, you lose your ability to extend beyond 6th year.
And one more critical facter is I140 approved or not which you did not mention.

Anyway, you need to start from LC with new employer, though, but the status of I140 makes difference.
 
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Change emploer in 6th year, 140 approved

I am in a similar situation (currently in my 6th year - 8 months remaining on my current H1B), and have 140 approved.
So if I change employer now, would the new H1B be granted for 3 years (based on prior approved 140) or only for 8 months?
Would appreciate your reply.

Thanks
 
I am in a similar situation with a slight twist. My H1B is already on 8th year extension and my I140 has not been applied yet (so I only have LC). Can I get an H1B transfer to a new company at this point?

Is there anything the new company should do to reduce the risk of this transfer?

Thanks.
 
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