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I'm on my 5.5 year of H1B with approved I140. I am planning to change job and go with consultancy. How many H1b year will I get?

Saint Louis, MO |
Attorney answers 5


3 years, given that you have an approved I-140. New employer will need to file a new PERM and I-140. You will be able to retain your old priority date.

Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.



Although my new job is with consultancy and the SOW is for 2 years, still I get for 3 years?



John Lassen 1-877-252-4630


Although my colleagues are probably correct, you might get 3 years .... I recommend that you reconsider going with a 'consultancy'.

That is not a 'real' employer/employee relationship. In addition to the fact that immigration is looking very closely at job shops (the main reason that so many people are being 'trapped' in their home countries with 'administrative processing' ... this work is highly dependent on 'client' letters.. In other words ... you could be 'stuck' without work and may need to leave the US.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- -- -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


I concur with Mr. Behar and Professor Franco Capriotti.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


Attorneys Behar and Capriotti explained this well. Most likely you can get 3 years. It is always best to consult with an immigration attorney to assist you adequately.

This advice does not form an attorney-client relationship and is merely informative. It should not by itself be relied upon to address a legal concern.

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