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  #1 (permalink)  
Old 01-06-2012, 05:05 AM
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Default Can you switch company after getting H1-B extension (pass 6 years limit)?

Does anyone have any experience with switching company after getting H1-B extension (pass 6 years limit)?
Let say you have 3 years extension (with I-140 approved) after 6 years in H1-B, can you switch job to another company?
Is it possible if you only have 1 year extension (assuming that one has not filed I-140 in time)?
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  #2 (permalink)  
Old 01-06-2012, 07:31 AM
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Originally Posted by mikemartin View Post
Does anyone have any experience with switching company after getting H1-B extension (pass 6 years limit)?
Let say you have 3 years extension (with I-140 approved) after 6 years in H1-B, can you switch job to another company?
Is it possible if you only have 1 year extension (assuming that one has not filed I-140 in time)?
As long as you have a copy of approved I-140 you should be able to get H1 approved for 3 yrs with new employer.
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  #3 (permalink)  
Old 01-06-2012, 12:17 PM
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Default

Is it true that the new employer can file for 3 years extension with the old employer I-140 approval? What if the old employer revokes the I-140, will the new employer still can use it for 3 years extension?
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  #4 (permalink)  
Old 01-06-2012, 12:35 PM
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Originally Posted by mikemartin View Post
Is it true that the new employer can file for 3 years extension with the old employer I-140 approval? What if the old employer revokes the I-140, will the new employer still can use it for 3 years extension?
1st qn - Yes
2nd qn - Not sure
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  #5 (permalink)  
Old 01-06-2012, 01:17 PM
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Originally Posted by mikemartin View Post
Is it true that the new employer can file for 3 years extension with the old employer I-140 approval? What if the old employer revokes the I-140, will the new employer still can use it for 3 years extension?
Is it true that the new employer can file for 3 years extension with the old employer I-140 approval?
Ans: Yes but you should wait 180 days after the I-140 approval

What if the old employer revokes the I-140, will the new employer still can use it for 3 years extension?
Ans: No (but still check with attorneys if any rules changed)

Had your 485 been filed and waited for 180 days then switched companies then revoking of I-140 will have no effect. In such a case you will get H1 extension as long as the job you take is same or similar to the previous one .
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  #6 (permalink)  
Old 01-06-2012, 02:28 PM
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Had your 485 been filed and waited for 180 days then switched companies then revoking of I-140 will have no effect. In such a case you will get H1 extension as long as the job you take is same or similar to the previous one .
Above is absolutely wrong !

H1 extension has no requirement of "same or similar" job duties. What you are talking about is AC21, filing which will preserve his GC application. Only requirement for 3 yr H1 extension is approved I-140, otherwise 1 yr. if PERM is approved or pending for more than 1 yr. With regard to I-140 revocation I don't think any employer does it unless one has left on very bad terms. But if I-140 is revoked then peole have reported mixed results, so I can't tell for sure.
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  #7 (permalink)  
Old 01-06-2012, 02:30 PM
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Exclamation

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Originally Posted by njverifier View Post
In such a case you will get H1 extension as long as the job you take is same or similar to the previous one .
Above is absolutely wrong !

H1 extension has no requirement of "same or similar" job duties. What you are talking about is AC21, filing which will preserve his GC application. Only requirement for 3 yr H1 extension is approved I-140, otherwise 1 yr. if PERM is approved or pending for more than 1 yr. With regard to I-140 revocation I don't think any employer does it unless one has left on very bad terms. But if I-140 is revoked then peole have reported mixed results, so I can't tell for sure.
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  #8 (permalink)  
Old 01-06-2012, 03:05 PM
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Originally Posted by shouldIwait View Post
Above is absolutely wrong !

H1 extension has no requirement of "same or similar" job duties. What you are talking about is AC21, filing which will preserve his GC application. Only requirement for 3 yr H1 extension is approved I-140, otherwise 1 yr. if PERM is approved or pending for more than 1 yr. With regard to I-140 revocation I don't think any employer does it unless one has left on very bad terms. But if I-140 is revoked then peole have reported mixed results, so I can't tell for sure.
You are right you will get H1 extension even if you are dont take a same or similar job, my bad. But during the time of adjudication if your job is not same or similar to your job quoted in the LC then your GC will be declined. Better be safe than sorry.
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