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View Full Version : Change of employeer in 6th year H1B and I140 approved


snehakapoor
01-20-2013, 11:44 AM
Hi Experts,

2007 - 2012 - L1B ( 5 years)
2012 - 2013 - H1B (Expiring in Oct 2013)

EB3 category with I140 approved via premium processing: PD April 2012

I want to switch jobs to new employeer and my immigration dept of my company has confirmed that they never revoke I140 of any employee

Questions
1) Can i xfer H1 to different employeer right away ?
2) My new company needs to file GC right away ?
3) will i get 3 year extension with new company with existing I140 without starting new GC process right away ?
4) will it be wise to get 3 year extension from current company and then switch OR its not required

saji007
01-21-2013, 11:25 AM
Questions
1) Can i xfer H1 to different employeer right away ? -- Yes
2) My new company needs to file GC right away ? -- They can file any time with in the 3 year extension. Better to start at the earliest.

3) will i get 3 year extension with new company with existing I140 without starting new GC process right away ? -- I did 2 H1 B transfers after I-140 approval, and I got 3 year extension on both.

4) will it be wise to get 3 year extension from current company and then switch OR its not required
Once you switch that does not matter, and it is waste. While transferring you will get 3 year extension.

pd052011
01-21-2013, 11:51 AM
I am in the same boat. My 5 yrs H1B ends in December this year. I have an EB2I I-140 approved. Can I move to a different firm or transfer internally? I work for a very big firm. Also, is a labor cert tied to a physical location and project or is it tied to an employer?

saji007
01-21-2013, 12:07 PM
If you change Employer, you need to start new PERM, I-140 with the new employer, and then port the date. If you are changing internally, you may be able to use the existing one....