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H1B 5th Year (Extension Due) Employer Change

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  • H1B 5th Year (Extension Due) Employer Change

    I am on my 5th Year H1B here with employer A
    My GC PD (EB2-I) Mar 2008 I140 approved with Employer A
    Currently I filed for the H1B extension with Employer A, it is in processing (for 3 years)

    I got an offer from my client (Employer B) for a permanent position

    1. Can I apply for H1B transfer to Employer B while the Employer A extension is pending?
    2. If I apply transfer to Employer B, after Employer A Extension is approved, will I get 3 years extension?
    3. Can I port my PD (As I have approved I140 with Employer A) to my GC process with Employer B?
    4. Are there any other complications & Risks?
    Please give me the information

  • #2
    1. Yes
    2. You can get a 3 year extension even now based on the approved I140 from A. However, B has to restart the entire GC process immediately and A should not revoke the I140.
    3. yes
    4. Plenty for you to talk to a lawyer.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.


    • #3
      Thanks for the response. I am on my way to lawyer