Changing jobs after i140 approval , but before H1B 6years expiry

Asked 7 months ago - Santa Clara, CA

Hi,

My perm labor just got approved, my employer is willing to file my I140 with premium. My H1B is expiring in Sep 2014, but can be extended for another 1.5 years before the 6 years can be attained.
My current employer is in the process of extending it by 1.5 years.

Assuming my i140 gets approved by end of july, if i want to change job with an approved i140 and, can the new employer get 3 year H1B extension?

Thanks
Biswajit

Attorney answers (3)

  1. Giacomo Jacques Behar

    Pro

    Contributor Level 20

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    Best Answer
    chosen by asker

    Answered . Yes, absolutely, with the approved I-140 under your belt, the new employer can file a new H-1B petition on your behalf and request 3 years. Once you start work for the new employer, however, he should file a brand new PERM on your behalf, quickly followed by a new I-140 petition upon the PERM's approval. You will be able to reclaim and retain your old priority date under the first PERM.

    Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that... more
  2. Alexander Joseph Segal

    Contributor Level 20

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    Lawyers agree

    1

    Answered . I agree with Giacomo. I am just concerned that you run to AVVO with these questions instead to the employer's immigration attorney. Giacomo is too kind so you got the answer. Most of us would simply tell you to discuss the matter with the attorney representing the employer and would have been completely correct in doing so. It is ironic that you did not even appreciate his answer and gave his the best answer mark.

    The information contained in this answer is provided for informational purposes only, and should not be construed... more
  3. F. J. Capriotti III

    Contributor Level 20

    2

    Lawyers agree

    Answered . Although all this looks good ... I too am concerned that you are posting this question on an internet blog rather than speaking to the company's immigration attorney.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more

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