Change of employeer in 6th year H1B and I140 approved

Discussion in 'Visa Bulletin and Priority Dates Retrogression Iss' started by snehakapoor, Jan 20, 2013.

  1. snehakapoor

    snehakapoor New Member

    Hi Experts,

    2007 - 2012 - L1B ( 5 years)
    2012 - 2013 - H1B (Expiring in Oct 2013)

    EB3 category with I140 approved via premium processing: PD April 2012

    I want to switch jobs to new employeer and my immigration dept of my company has confirmed that they never revoke I140 of any employee

    1) Can i xfer H1 to different employeer and get 3 year extension or it will only be till Oct 2013 ?
    2) My new company needs to file GC ASAP ?
    3) will i get 3 year extension if my transfered visa is approved only till OCt 2013 with new company with existing I140 without starting new GC process right away ?
    4) will it be wise to get 3 year extension from current company and then switch OR its not required
  2. whitemimauz3

    whitemimauz3 Registered Users (C)

    You can transfer your H-1B to different employer (employer B). But mind it if you have already exhausted 6 years of H-1B and since your H-1B transfer would be on basis of approved I-140 BUT if employer A decides to revoke I-140 you would neither be able to file extension with same employer or different employer (employer B). The only thing that carries forward with you is priority date even if I-140 is revoked unless there is fraud or misrepresentation involved in filing of I-140 in which situation you cannot port priority date.

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