Changing Employers on I-140

Asked over 1 year ago - Schaumburg, IL

I have my I-140 approved (filed by Employer A).
My 6 years on first H1 completed this month (Jun 2013)
I have obtained 3 years extension based on I-140 (Filed by Employer A)
Now if I wish to change job to Employer B, I understand Employer B has to file a new H1:
Can this new H1 be a transfer of the 3 year H1 extension or altogether new?
Will I have to leave the country and wait until next year H1 quota to have Employer B file H1?
Or can Employer B file H1 right now under exempt criteria?

I am willing to consult for a fee if need be, but need detailed clarity.

Thank you in anticipation

Additional information

To Add:
My priority date is Nov-2012.
My I-485 has not been filed.
Will I have to wait until next year H1 quota for Employer B to file new H1 or can it be done now?

Attorney answers (3)

  1. Anu Gupta

    Pro

    Contributor Level 19

    1

    Lawyer agrees

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    Best Answer
    chosen by asker

    Answered . You are quota exempt. Under AC21, your new employer can use your approved 140 to get you a 3 year H1.

    Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit www.... more
  2. Christine Swenson

    Contributor Level 13

    2

    Lawyers agree

    1

    Answered . The detailed clarity you seek will require a one-on-one consult. You may have the ability to port to a new employer under AC21 but more information is needed.

  3. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . More information is needed. Do consult with an experienced Immigration Attorney for assistance.

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more
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