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Changing Employers on I-140

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

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?

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Attorney answers 3

Best Answer

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 Law Office of Anu Gupta. The advice suggested here is for general information only and not to be construed as legal advice.


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.


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 NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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