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Can I change my employer when my I-140 and H-1B is approved when I am in India?

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  • Can I change my employer when my I-140 and H-1B is approved when I am in India?

    * Joined Employer A in USA by transferring H1B with 1 year left to be max out.
    * Employer A filed PERM, Labor and I-140.
    * My H1B maxed out on June, 19 and I had to return back to India since my I-140 hasn't got approved by Jun, 19.
    * My I-140 got approved in July, 19 when I'm here in india and Employer A filed H1B extension immediately.
    * My H1B extension got approved in Jan, 20. But Client denied my onshore role due to budget constraints.
    This is my situation. At this juncture, can someone help me understand if I can transfer my I-140 and H1B to new employer since both of them approved when im here in India.

  • #2
    Originally posted by Ganesh Chukkapalli View Post
    * Joined Employer A in USA by transferring H1B with 1 year left to be max out.
    * Employer A filed PERM, Labor and I-140.
    * My H1B maxed out on June, 19 and I had to return back to India since my I-140 hasn't got approved by Jun, 19.
    * My I-140 got approved in July, 19 when I'm here in india and Employer A filed H1B extension immediately.
    * My H1B extension got approved in Jan, 20. But Client denied my onshore role due to budget constraints.
    This is my situation. At this juncture, can someone help me understand if I can transfer my I-140 and H1B to new employer since both of them approved when im here in India.
    Yes you can transfer.
    Just an opinion; Not legal advice.

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