employer change in 8th yrs H1B

V

VJdude

Registered Users (C)
I have been on H1B for 8yrs.. My I140 has been approved and I have got new H1B for next 3 years till 2009.

What happens in case i have to change my job.. can I get a H1B transfer from new employer for next 3 years ?

And as I understand I will loose my current green card processing which is in progress. Can the new employer restart the GC and keep the old priority date ?
 
Yes. According to my lawyer you can get three year extension for a different company. Also in the scenario you described you get to keep he priority date since your I-140 is already approved, even after you restart the GC process.

But, as always you must check with your lawyer.
 
And based on the assumption that your old employer is not going to with draw your approved I140 .




visa77 said:
Yes. According to my lawyer you can get three year extension for a different company. Also in the scenario you described you get to keep he priority date since your I-140 is already approved, even after you restart the GC process.

But, as always you must check with your lawyer.
Click to expand...
 
I have same kind of question as VJdude

Hi Friends,
I have same kind of question as VJdude. My I 140 got approved after I got the 7 th year extension. Now my current h1 visa is valid till Jan 2007. If I change the current job, Do I get the 3 year H1 b visa from new employer ?

And I have to file for PERM and I 140 again from new employer right ?

Thanks in advance.
 
Last edited by a moderator:
depends on old employer

If you old employer withdraws I-140 since they want to use your labor for another employee, your H1 will become invalid with new employer. Be sure to check with your lawyer.
 
Thank you ark2006

My old employer would not use my labor to another employee. The company has a policy that restricts it.

Thanks again.
 
Is this really true? Any documents/memo that talk about this? After H1B is approved, how does USCIS know when the underlying LC is used for someone else?
 
Any memo describing this?

ark2006 said:
If you old employer withdraws I-140 since they want to use your labor for another employee, your H1 will become invalid with new employer. Be sure to check with your lawyer.
Click to expand...

Is this really true? Any documents/memo that talk about this? After H1B is approved, how does USCIS know when the underlying LC is used for someone else?

Sorry for duplicate posts. I forgot to attach the original quote.
 
i think all that is a grey area.....hence it will be good if labor can be filed immediately with the new employer immediately.
 
techy2468 said:
i think all that is a grey area.....hence it will be good if labor can be filed immediately with the new employer immediately.
Click to expand...

Or wait until labor substitution gets banned (which will be very soon) so your previous employer can't use it for others. Though one risk will be of your previous employer cancelling your petition. however chances of him canceling your labor may be slim because if he has applied your labor with x,y,z skillsets and he has pending/or applies new labor with same skillsets, USCIS may raise a query challenging to prove his requirement of the person with x,yz skillsets is genuine.
 
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