Change of employer beyond 6yrs

[maverick7008]

Hi all,

I'm with Employer A and my 6 yrs of H1B is over and Employer A has filed for extension based on Labor applied prior to 365 days of H1 expiry. Though its more than 1 1/2 yrs (it went to audit) the Labor was applied, it never got approved till today, and still in audit status. So that means I was never able to get to I-140 step yet.

So now my question is - assuming if I get 1/3yrs extension for my H1b with employer A.

Can I join employer B and file for transfer or is this possible only with a approved I-140 beyond 6yrs of the H1B period?

And can Employer B start my GC process again before 365 days of my transfered H1b dates? -I know I cant reatin the priority dates as I-140 was never approved

Thanks

[chander_77]

As my knowledge. Please confirm/reverify with attorney or some one else on forum-

I'm with Employer A and my 6 yrs of H1B is over and Employer A has filed for extension based on Labor applied prior to 365 days of H1 expiry. Though its more than 1 1/2 yrs (it went to audit) the Labor was applied, it never got approved till today, and still in audit status. So that means I was never able to get to I-140 step yet.

Check with attorney if H1B can be extended beyond if Labor is not approved. As per my knowledge it can not be extended. Once labor approved it can be extended by an year and beyond I-140, can be extended for 3 yrs.
So now my question is - assuming if I get 1/3yrs extension for my H1b with employer A.

Can I join employer B and file for transfer or is this possible only with a approved I-140 beyond 6yrs of the H1B period?

If join emp B, labor has to be filed again.However there are chances you get queries while joining emp B

And can Employer B start my GC process again before 365 days of my transfered H1b dates? -I know I cant reatin the priority dates as I-140 was never approved

he can as prev one will be cancelled/suspended anyway once you leave your emp A. Priority date comes with labor filing date and valid if you stay with same employer. On changing emp new labor has to be filed and new priority date comes. Earlier labor could be transferred emp to emp but not now.
Thanks

[chander_77]

Correcting last comment after I verify from my employer attorney-

Even if you change employer and file new labor, your old labor date priority date will remain same. It doesnt change with changing employer and filing new labor/I-140.