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Change jobs while on 7th year of H1B
- Thread starter jinx
- Start date
Originally posted by jinx
Hi,
is it possible to change jobs while in the 7th year of H1B and if the company that i am transferring to has a pre-approved labor?
---YES you can do that before you do that take the pre-approved labor copy and your education degree, exp letters and let the lawyer evaluate if you can use that LC, becase you need to have same education, skills, exp ON THE DATE LC WAS filed.
My current H1B is valid till mid 2005.
----- if your LC is approved from your current employer better stick with him and file I-140, I-485, EAD AP. I dont know your case details if LC approved for you are no LC filied by any employer for you or your stage of GC process.
** Labor substitution is risky and you need very good lawyer to file I-140 after evaluation if you qualify to use that LC
thank you.
Thanks ginnu for the quick reply. My LC is still pending and is not yet approved and looks like it is going to be a while...may be years....hence exploring different options.
Do i need to wait for the new company to file for my 140 and 485 before i can move over?
How would i get my 8th year H1 extension? is it based on my pending 140 and 485?
Can the new company file my 140 and 485 with out me being on their pay roll?
What if i dont even join the new company right now and join once i get my GC? can i still process my 140 and 485 with them?
Thanks a lot for your help.
Do i need to wait for the new company to file for my 140 and 485 before i can move over?
How would i get my 8th year H1 extension? is it based on my pending 140 and 485?
Can the new company file my 140 and 485 with out me being on their pay roll?
What if i dont even join the new company right now and join once i get my GC? can i still process my 140 and 485 with them?
Thanks a lot for your help.
Last edited by a moderator:
Originally posted by jinx
Thanks ginnu for the quick reply. My LC is still pending and is not yet approved
-----make sure that emplouer does not revoke the pending LC as it will be good back up for you if you change employer
and looks like it is going to be a while...may be years....hence exploring different options.
Do i need to wait for the new company to file for my 140 and 485 before i can move over?
------- new company can file your I-140 with LC substitution, you file I-485, EAD AP, they can file before you move with them
How would i get my 8th year H1 extension? is it based on my pending 140 and 485?
--- 1. LC for you filed by ANY employer more than 365 days( you need evidence that LC was filed 365 days back and evidence is SESA or SWA reciept that lawyer gets after filing the LC)
Can the new company file my 140 and 485 with out me being on their pay roll?
2-- OR pending I-140 OR pending I-485
What if i dont even join the new company right now and join once i get my GC? can i still process my 140 and 485 with them?
------ Yes you can do that GC is for future job, make surethe employer/lawyer who files I-140 must reply to RFE if any RFE for I-140.
Thanks a lot for your help.