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Changing employer after I-140 approval and no EAD

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  • Changing employer after I-140 approval and no EAD

    I am on H1B, Got I-140 approved in EB3 category. I do not have EAD.
    Used this I-140 last year to renew my H1B beyond 6 years. Got 3 year extension. Out of which one year is over.
    Effectively I have 2 more years left on my current H1B.

    Can I change employer now?
    If I change now, will I get H1B for the remaining 2 years only or it would be for another 3 years from now?

    Basically, if my new employer uses the I-140 from current employer will I get 3 year extension on H1B or I would get only what is remaining on the current H1B?

    Also, do I need to get the copy of the I-140 approval from my current employer before I leave?

    Thanks

  • #2
    Can I change employer now?
    If I change now, will I get H1B for the remaining 2 years only or it would be for another 3 years from now?


    Yes you can change employer. But there is no guarantee the employer will keep the I-140.
    As for the remaining two years even if your employer cancels the I-140 you can still use it.
    Note that you can always use the priority date.

    Basically, if my new employer uses the I-140 from current employer will I get 3 year extension on H1B or I would get only what is remaining on the current H1B?

    If the I-140 is not revoked, you might get three years but usually it will be only 2 years

    Also, do I need to get the copy of the I-140 approval from my current employer before I leave?

    Sometimes they do, sometimes they don't - the I-140 technically belongs to the employer. You can always do a FOIA.

    Call us at 510 742 5887, should you want a full consultation.

    Thanks
    Shah Peerally is an attorney licensed in California practicing immigration law and debt settlement. He has featured as an expert legal ****yst for many TV networks such as NDTV, Times Now and Sitarree TV. Articles about Shah Peerally and his work have appeared on newspapers such as San Jose Mercury News, Oakland Tribune, US Fiji Times, Mauritius Le Quotidien, Movers & Shakers and other prominent international newspapers. His work has been commended by Congress women Nancy Pelosi and Barbara Lee. He has a weekly radio show on KLOK 1170AM and frequently participates in legal clinics in churches, temples and mosques.

    For updates follow us onYoutube, Radio, Facebook, Twitter and LinkedIn. Shah Peerally Law Group PC deals in immigration law - www.peerallylaw.com and www.immigrationlegalblog.com
    Attorney Shah Peerally also deals in debt settlement. For more information call us on 510.742.5887 and visit us on www.YourDebtSettlementAttorney.com.
    Information provided above is for educational purposes only. One should not act or refrain to act solely based on the information provided. You should consult an attorney to assess your case before proceeding.

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    • #3
      Yes shah is right if you want to change your employer you should need to focus all the terms and condition and period doesn't exactly means. You shuld confirm the exact period before joining.
      immigration lawyer offers all his service in immigration.

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