Is it possible to switch company after 1-140 [EB3]approved ?

desert_az

New Member
Dear friends,
My 6 years of H1B will expire end of this year, and currently my I-140 is being processed @ Nebraska Service Center. I am planning to apply for a 3 year H1B extension once I-140 gets approved. I started to work for this company with a bachelor degree and thats why I am stuck with EB3 retrogression.

Will I be able to switch my current company after I get a 3 year extension of H1B ? I am planning re-apply my green card with a new company under EB2 category since my country of birth is not part of retrogression/backlog under EB2 category. Will I be able to switch to a new company from my current company w/o any issue ? Does my current company has any right to stop me working for another company as I am getting the extension through my current company ? Your input will be greatly appreciated. Thank you.
 
I have not met virtually or otherwise, anyone who switched company when on a 3 year extension which was provided on the basis of approved I-140. Having said that, this is still a grey area and no clear cut rule establishes that you can not switch when in this particular time frame.

The advice I can give you is to wait for your I-140 approval, get three year extnsion with current company and then get H1 transfer to another. This way you can be sure of having legal documentation in hand and enough runway to get GC process completed.

Search more on H1-B threads and also on www.murthy.com. Do search on Chat archives which provides some good nuggets of information.




desert_az said:
Dear friends,
My 6 years of H1B will expire end of this year, and currently my I-140 is being processed @ Nebraska Service Center. I am planning to apply for a 3 year H1B extension once I-140 gets approved. I started to work for this company with a bachelor degree and thats why I am stuck with EB3 retrogression.

Will I be able to switch my current company after I get a 3 year extension of H1B ? I am planning re-apply my green card with a new company under EB2 category since my country of birth is not part of retrogression/backlog under EB2 category. Will I be able to switch to a new company from my current company w/o any issue ? Does my current company has any right to stop me working for another company as I am getting the extension through my current company ? Your input will be greatly appreciated. Thank you.
 
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