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  • Change employer after I-140 approval

    Hi

    I have completed my H1B - 6 years and I have I-140 approval. and just now I got 3 years extension of current employer

    my query is :
    1. Can I change Employer ? how much risky to change employer on this time.

    2. If My current employer will revoked the I-140 and I have 3 years extension file with current employer. on this situation If I will transfer my H1B Visa with new employer then what happens for my next Extension or H1B file with New employer and GC process with new employer ?

    pls let me know

  • #2
    1. Can I change Employer ? how much risky to change employer on this time.
    >>> Yes. New employer can file a transfer and request a 3 year extension based on your approved I-140. If you get a 3 year extension, then it is safe to join the new employer since you will have time to restart the G.C process with them.

    2. If My current employer will revoked the I-140 and I have 3 years extension file with current employer. on this situation If I will transfer my H1B Visa with new employer then what happens for my next Extension or H1B file with New employer and GC process with new employer ?
    >>> Transfer will be based on your current I-140. To file further extensions, the new employer you will need the I-140 approved with the new employer. That is why it is important that you join the new employer only if the transfer gets approved for 3 years. The new employer will need to restart your GC process all over. But the priority date from your previous I-140 can be ported.
    Not a legal advice. Use of this information is strictly at your own risk.

    Comment


    • #3
      thanks for your reply.

      Can I use my Current Priority date with new GC process ( New Employer ) after current employer revoked the I 140 ?

      thanks

      Comment


      • #4
        Yes.

        Originally posted by tech2012 View Post
        thanks for your reply.

        Can I use my Current Priority date with new GC process ( New Employer ) after current employer revoked the I 140 ?

        thanks
        Not a legal advice. Use of this information is strictly at your own risk.

        Comment

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