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Thread: Changing jobs after 6yrs H1B

  1. #1

    Changing jobs after 6yrs H1B

    I had my I-140 approved with company A and 11 months after I-140 approval, I transferred to company B. This transfer was based on Company Aís I-140. Company A had revoked my I-140 a few months after I left and I was not notified of this withdrawal (found this out later). Company B had recently undergone a merger because of which there was a lot of uncertainty and my green card process hasnít started until now. I tried a visa transfer to company C around July 2013, but it was denied because I did not have a valid I140 (my current H1B expires in mid 2015).
    At this point am trying to get company B to file my labor but they have not yet started the process due to too much bureaucracy.
    I am looking to pursue other opportunities now but given what happened with the transfer to company C and from what I have been reading online, looks like you need a valid I140 to change employers after completing 6yrs on H1. Is there any scope for me to pursue other opportunities given my labor hasnít been filed? Do I have any options at this point?

    Thanks in advance!

  2. #2
    Quote Originally Posted by wand3rlu5t View Post
    I had my I-140 approved with company A and 11 months after I-140 approval, I transferred to company B. This transfer was based on Company Aís I-140. Company A had revoked my I-140 a few months after I left and I was not notified of this withdrawal (found this out later). Company B had recently undergone a merger because of which there was a lot of uncertainty and my green card process hasnít started until now. I tried a visa transfer to company C around July 2013, but it was denied because I did not have a valid I140 (my current H1B expires in mid 2015).
    At this point am trying to get company B to file my labor but they have not yet started the process due to too much bureaucracy.
    I am looking to pursue other opportunities now but given what happened with the transfer to company C and from what I have been reading online, looks like you need a valid I140 to change employers after completing 6yrs on H1. Is there any scope for me to pursue other opportunities given my labor hasnít been filed? Do I have any options at this point?

    Thanks in advance!
    It is true, that without a valid I-140 or pending labor certification, you have no basis to extend your H-1B beyond the 6th year. Were you warned about the threat of revocation when you left Company A? Also, Company B may be delaying filing to keep you with them for as long as possible. Unless company B or another company files an labor certification at least 1 year before your current H-1B ends, you will be in danger of not being to continue your H-1B past 2015, at least not without a gap.

    Also, remember that the company that sponsors a labor certification and I-140 for you doesnít have to be a company that employs you. They just need to promise to employ you when you get the green card. You should speak with an experienced immigration attorney to discuss different options.

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