Changing Employers with an Approved I-140: Implications for H-1B Visa Extension
Changing Employers with an Approved I-140: Implications for H-1B Visa Extension
When considering a change of employer after holding an H-1B visa for six years, it is crucial to understand the relationship between the I-140 approval and the H-1B extension. This article discusses the important points to consider and provides guidance for individuals in such a situation.
The I-140 and H-1B Relationship
Upon approval of your I-140 petition, it enables you to extend your H-1B status beyond the standard six-year limit in certain circumstances. However, if you switch employers, your new employer will need to file a new H-1B petition for you. This new petition does not automatically carry over your existing I-140 approval.
The Portability of the I-140
Should you change employers and your new employer fails to file a new I-140 petition, or if the new petition is denied, your previously approved I-140 with the previous employer will become void. Consequently, you would no longer have the ability to extend your H-1B status beyond six years based on that I-140. This is a critical aspect to consider before switching employers.
Extensions Beyond Six Years
There are still options for extending your H-1B status beyond the six-year limit:
Your I-140 has been approved, and you are waiting for your priority date to become current. If you are in the process of applying for a green card, you can still extend your H-1B status after the six-year limit. You have filed a new I-140 with your new employer, and it has been approved. If your new employer files a new I-140, you can then extend your H-1B status based on the new I-140 approval.Options After Changing Employers
If you find a new employer willing to sponsor you, they can file a new H-1B petition for you. Additionally, if they also file an I-140 based on your new employment, you can potentially extend your H-1B status based on the new I-140 approval. However, if you do not have a new employer lined up or if your new employer cannot file an I-140, you may face challenges in maintaining your H-1B status after the six-year limit.
Recommendation
Before making any decisions regarding a change of employer, it is highly advisable to consult with an immigration attorney. They can provide guidance tailored to your specific situation and help ensure that you maintain your visa status while transitioning to a new employer. Remember, the key to successfully changing employers while retaining your H-1B status is to ensure that your new employer files a new I-140 petition if your current one becomes void.
In summary, while you can change employers after six years on an H-1B, doing so may impact your ability to extend your H-1B status unless you have a new I-140 approved by the new employer.