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Changing company, after 6 years of H1.

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  • Changing company, after 6 years of H1.

    I am in the 6th year of my H1 and applied for renewal based on my approved I-140 (Hoping will get extension for 3 years).
    Can I change company after I got my approval (I am ok even if I loose my green card process). or becasue I already finished 6 years on H1
    and my approval was based on I-140, do I need to stick to the old company who is doing my green card and I cannot change to a new company?

  • #2
    You can chnage employer provided your I-140 is not revoked by your current employer at the time of the H1B transfer. You will need a copy of the I-140 to be included to the list of doucments that you submit for transfer.
    Not a legal advice. Use of this information is strictly at your own risk.

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    • #3
      Thanks Shervin for your reply.
      I forget to ask, with the new company will I get 1 year of extension or 3 years of extension?

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      • #4
        That depends on the work itinerary provided by the employer while filing the transfer. If the employer can show work for 3 years, then you can get 3 years since you have your I-140 approved.

        It is advisable to Join the new employer only after the H1B transfer gets approved. Otherwise yu will be in a position where you need to go back to your current employer (Not sure howmuch they will encourage that) and leave the country. It is not worth taking a chance with just the receipt notice. You can ask the new employer to file the transfer in premium to get a result within 15 days.
        Not a legal advice. Use of this information is strictly at your own risk.

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