Changing employer after I-140 approval and no EAD

[ssr Junior Member Find all posts View Profile Close ssr]

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

[shah Administrator Find all posts View Profile Close shah]

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

[romavia Junior Member Find all posts View Profile Close romavia]

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.