H1b - i140 - job change

[pg84]

Hi All,

I am currently on H1b with 6 years getting over in Nov 2018. My PERM is approved with current employer (employer A). Employer A has also filed for I-140 under premium processing as of last week. I expect to get approval on I-140 in another 10 weeks.
In parallel, I am also in conversation with employer B, who is willing to sponsor the visa immediately. I have few questions regarding the move

1. What will be the process with new employer if and when I decide to make the switch. Will the new employer have to file fresh H1b, PERM and I-140
2. I read few blogs and it is recommend that one should wait for at least 180 days after I-140 approval, before switching employer. But the blogs dont explain what can happen if I switch before 180 days.

Any guidance on this topic will be very helpful.

[bond21]

Hello, I am currently in similar situation, Could you please guide what happened with your case ?

[rkk09]

Hi Member,
Please see my response below.

1. What will be the process with new employer if and when I decide to make the switch. Will the new employer have to file fresh H1b, PERM and I-140
Answer: Since you are in sixth year of H1B, you will have to have I-140 Approval in order extend your H1B either current Employer or another Employer. If you prefer for H1B transfer these time, new employer should file H1B transfer but the approval will be till the end of sixth year.
On another hand, if you stick with the same Employer and get I-140 Approved then stay with the same employer for 180 days then you can do H1B transfer for any other Employers. The new Employer can seek H1B approval beyond six years as you have I-140 Approval already.

2. I read few blogs and it is recommend that one should wait for at least 180 days after I-140 approval, before switching employer. But the blogs dont explain what can happen if I switch before 180 days.
Answer: Yes.. Once you get I-140 Approved, you must stay with the same Employer for 180 days in order to enjoy I-140 Approval benefits.. If you move before 180 days then the Employer may withdraw your I-140 Approval then you will renounce the benefit of extending H1B beyond 6th year with any employers.
It is all about withdrawing I-140 during 180 days.

Thanks

[rkk09]

Hello, I am currently in similar situation, Could you please guide what happened with your case ?

Hi Member,
I hope the above answer might be helping you.. Please let me know, if you need additional response on this.
Thanks