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  #1  
Old 03-02-2016, 12:01 PM
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Default Changing employer in 6th year of H1-B

Hello,

I have a question regarding changing jobs. I received my H1B in Oct 2010 so my 6th year will end in Oct 2016. My current employer has applied for my green card under EB2 and I have an approved I-140.

At present, I have a H1B extension approved till Jan 2018 (extension based on the I-140). If I have to change jobs now will I be able to transfer my H1-B with a validity till Jan 2018 or will it be till Oct 2016 (when my H1B 6th year ends)?

Please let me know if you have any advise or risks/pitfalls that I may not have thought about regarding changing employers in my present scenario.

I will really appreciate any insights into this. Thanks.
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  #2  
Old 03-02-2016, 12:12 PM
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DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice DMX17 is just really nice
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Quote:
Originally Posted by gadrx View Post
Hello,

I have a question regarding changing jobs. I received my H1B in Oct 2010 so my 6th year will end in Oct 2016. My current employer has applied for my green card under EB2 and I have an approved I-140.

At present, I have a H1B extension approved till Jan 2018 (extension based on the I-140). If I have to change jobs now will I be able to transfer my H1-B with a validity till Jan 2018 or will it be till Oct 2016 (when my H1B 6th year ends)?

Please let me know if you have any advise or risks/pitfalls that I may not have thought about regarding changing employers in my present scenario.

I will really appreciate any insights into this. Thanks.

You will get a 3 year extension starting from the date USCIS approves the H-1B petition. This is because you have an approved I-140 and your dates are not current which means you qualify for AC21 104(c) 3 year extension even with a new employer.

In short, let's say they approve new employer's H-1B on April 1st 2016, that H-1B will be valid until March 31st, 2019.
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  #3  
Old 03-02-2016, 08:52 PM
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Dear DMX17 - Thank you so much for your prompt reply.
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  #4  
Old 03-03-2016, 09:36 AM
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Also make sure that your potential new employer starts the PERM process sooner. Your current employer might withdraw I140 after you resign. Your transfer will be fine, after the 3 year extension is over, in order to get another extension, you need either PERM or I140 in process or approved.
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