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  • Change of Employer / I140 Approved

    Hi All,

    I have a few questions regarding change of jobs after I140 approval and H1B transfer - here's my scenario and the questions:

    H1B:

    6 years of H1B complete in April '16
    Currently on 3 year extension (valid until 2020)

    I140: Approved in September '16 (and visa stamped on passport)

    Priority Date (EB2): November '15

    Questions:

    I am planning to change my job so:

    1) Would the new employer have to start the Green Card Process (PERM & I140) right away OR they can just transfer the H1B and do the Green Card Process some time in the future?
    2) If they can do it in the future then how long before they have to start the process? Assuming H1B would be transferred under their name, I will likely have 3 years on it since I140 is approved. Most companies won't start Green Card Processing right away.
    3) Building upon on the previous question, if I can just transfer the H1B then what happens if the current company decides to revoke/withdraw my application? Is there a period after which it would be tough for them to withdraw the application/they cannot do it? I heard 180 days but not sure.
    4) I have already been with the company for about 4 years now and don't see myself staying there for another 4 years OR until I get the Green Card. What is the best/safest option available?

    Appreciate your response!

    Thanks!

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