H1B- Switching employer in 6 th year - I -140 is under progress

[Ram_Raju]

Hi,

I am currently on H1B VISA and H1B extension was applied in premium with current employer. I may get H1B extension till 6 years period completion (Oct 2016).

Labor was approved under EB3 and I-140 was applied one and half month ago with current employer. My 6 year period in US is going to Expire in a year.

I got a good offer from new employer (Product based US company). New employer is willing to file Labor after 1 month of joining. Considering this only 11 months will be left for 6 years period to complete)

Please advise on the following considering above case:

1. Is it safe to switch to new employer now as only 1 year is left with H1B and 1-40 was not yet approved? What are the possible immigration issues we may foresee and needs to be considered before switching to new employer in this case?

2. What happens if previous employer withdraw 1-140 as i leave the job ? Do i need to leave the country assuming if the new employer applied labor but Labor not approved or goes to RFE before the 6 years period completion?

3. In my case, Is it possible to get 7 year extension based while the new employer labor is under progress? or does it require approved labor before 6 year completion?

[shervin143]

1. Is it safe to switch to new employer now as only 1 year is left with H1B and 1-40 was not yet approved? What are the possible immigration issues we may foresee and needs to be considered before switching to new employer in this case?
>>> Not advisable. If the new employer cannot get the I-140 approved in time before filing your next extension, you will be in trouble. To extend the H1B beyond the 6th year, you will need the PERM to be filed before 365 days before the end of the 6th year on your H1B or both PERM and I-140 should be approved. In case PERM goes into audit or if it takes more time to get the approval, you will be in trouble.

2. What happens if previous employer withdraw 1-140 as i leave the job ? Do i need to leave the country assuming if the new employer applied labor but Labor not approved or goes to RFE before the 6 years period completion?
>>> Yes. However, once the PERM gets approved, the employer can file I-140 in premium and once that gets approved, the employer can file an extension based on the approved PERM. Once the extension gets approved, you need to get the visa stamped and return back.

3. In my case, Is it possible to get 7 year extension based while the new employer labor is under progress? or does it require approved labor before 6 year completion?
>>> Not just the approved labor, you need the approved I-140 get the 7th year extension if the labor is not filed 365 days before the end of the 6th year on H1B.