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H1B 5th Year (Extension Due) Employer Change
I am on my 5th Year H1B here with employer A
My GC PD (EB2-I) Mar 2008 I140 approved with Employer A
Currently I filed for the H1B extension with Employer A, it is in processing (for 3 years)
I got an offer from my client (Employer B) for a permanent position
1. Can I apply for H1B transfer to Employer B while the Employer A extension is pending?
2. If I apply transfer to Employer B, after Employer A Extension is approved, will I get 3 years extension?
3. Can I port my PD (As I have approved I140 with Employer A) to my GC process with Employer B?
4. Are there any other complications & Risks?
Please give me the information
1. I do not know.
2. Once your approval comes through, it will just be a regular H1-B transfer, so you should be able to carry the remaining of the 3 years on the H1-B.
3. As far as I know, your GC petition will not go with you and you'll have to start all over again. I believe, when you file your I-485 with EAD and it has been over 180 days, then you have your EAD and you can change your employer using AC21.
I am on my first H1 (3rd year) and filed for an extension recently. I received my notice a few days back.
PD: Dec 2007
I-140: Aug 2008
As always, do check with an attorney!
Last edited by SVS; 09-09-2009 at 05:31 PM.
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