Job change when H1-B extension beyond 6yrs still pending

vgoyal

New Member
Hi,

My details are as follows:

My 6yrs on H1-B are getting over in Sep-2012. I have I-140 approved under EB-2 and my employer has filed for H1-B extension. The extension has been filed under normal processing which is taking around 3 to 4 months (as per my employer's law firm...official time mentioned on USCIS website is 2 months). So, according to that, the extension should come by Nov-2012. My question is -

* Can I change my employer now?
* Can the new employer file a new H1-B extension based on the approved I-140? OR
do I first need the extended H1-B from my current employer and change employer after that only?
* If not employer, can I switch roles to a different entity but with the same parent employer?

Please advise.

Thanks in advance.
 
Hi,

My details are as follows:

My 6yrs on H1-B are getting over in Sep-2012. I have I-140 approved under EB-2 and my employer has filed for H1-B extension. The extension has been filed under normal processing which is taking around 3 to 4 months (as per my employer's law firm...official time mentioned on USCIS website is 2 months). So, according to that, the extension should come by Nov-2012. My question is -

* Can I change my employer now?
* Can the new employer file a new H1-B extension based on the approved I-140? OR
do I first need the extended H1-B from my current employer and change employer after that only?
* If not employer, can I switch roles to a different entity but with the same parent employer?

Please advise.

Thanks in advance.

You're new employer can extend your H-1B based on your previous company's I-140 approval. You can change employers now and have the H-1B change of employer Premium processed (adjudication within 15 calendar days)
 
anyone please?

Hi Vgoyal:

You're looking at the H1-B portability, extension, and amended petition issues and it is a complicated area of the law requiring thorough evaluation. This is something that your employer's law firm is best suited to handle, or in the alternative, a licensed immigration attorney on your behalf. I don't know why you wouldn't just wait till November, but I am sure you have your reasons, hence your questions. Good luck.
 
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