Change of employeer in 6th year H1B and I140 approved


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


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.