I-140 approved;Got 3 year extension; now can i change job ? ie. H1 transfer ?

L

lionking1976

New Member
dear friends,
i got LC, and I 140 cleared. My 6 years are completing in couple of months..

So will be getting three year extenesion soon from my current employer.

I want to know:

1. Cna i change jobs after I get three year extension ? I don't really care abt the LC and I-140 that's cleared.. All i need is a job change and I don't mind my GC process getting reset.

Can i do this ??

2. If at all, I can change the job, are there any hassles in getting H1B transfer on that new three year extension ?? Or is it just another H1 transfer, except that in this case H1B is extending from 6th year to 9th year..


Thank you in advance,

LionKing
 
Interested in exactly the same question...would help if someone can answer

I just got a 3-year extension because my I-140 was approved. Can I "transfer" it to a new employer and keep the validity dates, or is the 3-year extension tied to my current employer and is cancelled if I change jobs?

Again, no worries if the GC has to be re-applied for.

thanks,
anuj
 
Re:

Yes, those who got their LC (RIR) certified plus I-140 approved can get 3 yr H1B extension plus they can retain ONLY their priority date, if incase they change their employer and re-start their new GC process.

It's always possible to get their job changed to another employer with this 3 yr H1B extn.

But it is always good a consult an immigration lawyer before taking this step.

Best of luck
ram.
 
What happens to the H1 (with new employer and with 3 yr extension) when the Old Employer revokes I-140? Will the new H1 continue to remain valid for the duration for which it was approved or does it become automatically invalid as soon as the previous I-140 revoked.
I believe this is the grey area with conflicting views.
 
Hello ,

I am too in the same situation and just spoke to a immigration attorney.
Here are his comments.

"one can transfer the H1, if your current employer holds onto to I 140 and doesn't revoke it."

or

The new emloyer should file for your Labor and Have the I-140 approved before filing for the transfer.


it is all in the mercy of your current employer, i guess. In case you have found a better ways to handle this situation. Please let me know.
I am too, desparate to transfer my H-1B which will expire 1st week of Jan.
 
ssdtm said:
What happens to the H1 (with new employer and with 3 yr extension) when the Old Employer revokes I-140? Will the new H1 continue to remain valid for the duration for which it was approved or does it become automatically invalid as soon as the previous I-140 revoked.
I believe this is the grey area with conflicting views.
Click to expand...

H1 will be valid until the H1 expiry date. Only problem mignht be, you might not be able to transfer or file another H1 untill you new I-140 is approved or untill your Labor has been filed and 365 days have passed.
 
Last edited by a moderator:
General Q: Is there a particular place where you ask for 3-yr extension? I do not see a particular option on form 129. Could someone please tell me. My lawyer filed for an H1b extension for me and I want to make sure he applied for the 3-yr extension.
 
cableching said:
Only problem mignht be, you might not be able to transfer or file another H1 untill you new I-140 is approved or untill your Labor has been filed and 365 days have passed.
Click to expand...

So you are saying with the first H1 transfer, the safety net is gone. Since the H1 is valid for 3 years, is it not possible to do multiple transfers?
 
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