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Changing Employer while on 7th year H1-B

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  • Changing Employer while on 7th year H1-B

    I am a foreign national and currently on my H1-B visa and my Green card is in process by my current employer. Meanwhile I have completed my 6 years limit on my H1-B and been approved for the 7th year by INS since my GC was filed more than 3 years ago. However, my GC is still in the Labor Certification phase and now sent to Backlog processing center. If I wish to change my employer in the current situation, is there any way my new employer can take me onboard ? If so, what would be the VISA options?

  • #2
    I am a foreign national and currently on my H1-B visa and my Green card is in process by my current employer. Meanwhile I have completed my 6 years limit on my H1-B and been approved for the 7th year by INS since my GC was filed more than 3 years ago. However, my GC is still in the Labor Certification phase and now sent to Backlog processing center. If I wish to change my employer in the current situation, is there any way my new employer can take me onboard ? If so, what would be the VISA options?

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    • #3
      You may change your employer, provided your new job is almost the same as your previous one. In that case your labor certification, once approved will be used for your new job as long as your previous employer is willing.

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      • #4
        Thanks Robin for your quick response!

        In my case, my previous employer will not support me in any way. In my opinion, they may used the Labor certified to someone else in a similar role (as it is a large corporation). So, in this context, what would be my options?

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        • #5
          Does anyone think there may be other options in this case?

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          • #6
            first of all Labor Certifiacte is only for the employer who file for it. You can not transfer to another employer ones approved. Robinhood you gave wrong info to mk.
            Mk if you change employer you must file new labor certificate.

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