On H1. Have approved 140 but visa expires end of next year is it safe to switch?

[bapatuser]

Hi all,

I am on H1 and have approved I140. My visa is going to expire in sep 2016. I heard that for extending my h1 I would need approved 140. If I am switching company now I wont be having enough time to get approved 140 by next september. Is it a good idea to switch now? Is it truly necessary to have approved 140 for extension? I finished 6 years in US (3 on L1 and 3 on H1). Please suggest.

Thanks
Bapat

[raghvi]

Hi all,

I am on H1 and have approved I140. My visa is going to expire in sep 2016. I heard that for extending my h1 I would need approved 140. If I am switching company now I wont be having enough time to get approved 140 by next september. Is it a good idea to switch now? Is it truly necessary to have approved 140 for extension? I finished 6 years in US (3 on L1 and 3 on H1). Please suggest.

Thanks
Bapat

Will your employer revoke the I140 once you resign?

[shervin143]

Yes, you need an approved I-140 or a PERM that is pending for more than 365 days to get extension beyond the 6th year. However, your new employer can file a transfer now and request 3 years based on your current I-140 approval. If you get 3 years on the transfer, then it is safe to switch to the new employer since you will have enough time to file and get the PERM and I-140 approved before you need to file an extension with that employer later. If you do not get 3 years, then it is not advisable to switch.

Hi all,

I am on H1 and have approved I140. My visa is going to expire in sep 2016. I heard that for extending my h1 I would need approved 140. If I am switching company now I wont be having enough time to get approved 140 by next september. Is it a good idea to switch now? Is it truly necessary to have approved 140 for extension? I finished 6 years in US (3 on L1 and 3 on H1). Please suggest.

Thanks
Bapat

[kabkaba]

Like above, don't switch before new employer actually gets 3 year approval in hand. Also, negotiate beforehand about how quickly they will file PERM. Avoid bodyshopping consulting companies.