How safe is Changing Employer, having status on H1B 7th Year Extension

[bparipati]

Hi,

Can anyone tell me what are the risks involved in changing employer while working on 7th year (1st ext on H1B), any tips greatly appreciated.

Thanks
Balaji

[leifbooger]

you get the 7th year extension only if your green card application is pending for more than 365 days. dont think you can change employers in your 7th year extension. the only option to change employers is to take up a job in your home country for 2 years and then reapply for a new H1b through the new employer. You get 6 years again on the new H1b.

[desi238]

I know of some ppl who have changed jobs in 7th year. While being on h1 and without even an approved labor.

[ariyamannil]

Please see the site

http://www.uscis.gov/graphics/lawsregs/handbook/ac21guide.pdf

You can safely change jobs after 6 years on H1B if one of the following is true.

o LC or I-140 is pending for more than one year.

o I-140 is approved and priority date is not current (visa is not available)

It does not have to be the new employer processing the pending GC.
Note that in the first case, you will get extension for an year and in the second case, you will get 3 years of H1B. Once that extension expires, you need to qualified again based on one of the above conditions to obtain another extension.