Need some advice

[nsreenath]

Hi,
I have a question with respect to my H1B visa. I'm in my 6th year of H1B (expires in March 2014) with I-140 approved from my current employer. I'm planning to change jobs very soon.

My question is whether I should have an H1B renewal approved from my current employer before I move to the new employer or can I use the I-140 from the current employer and get an H1B transfer/extension directly with the new employer?

I would greatly appreciate a response.

[qesehmk]

nsreenath - I can share what I know. But use it with pinch of salt.

You have 3 options:
1. AC21 (assuming it has been 180 days since filing of your 485)
2. H1 transfer on existing remaining visa and go to new employer immediately.
3. Wait till H1 is renewed with current employer and the leave.

Of course best would be to have #1 as option but use #2.
But if you don't have #1, then #2 is dangerous since, your GC process is starting all over. All you will retain is your PD. So as your currrent H1 ends - you may get into a situation where you don't have valid reason to extend H1.

So bottomline, if you don't have #1 then #3 is better.

Hi,
I have a question with respect to my H1B visa. I'm in my 6th year of H1B (expires in March 2014) with I-140 approved from my current employer. I'm planning to change jobs very soon.

My question is whether I should have an H1B renewal approved from my current employer before I move to the new employer or can I use the I-140 from the current employer and get an H1B transfer/extension directly with the new employer?

I would greatly appreciate a response.

[Kanmani]

Hi,
I have a question with respect to my H1B visa. I'm in my 6th year of H1B (expires in March 2014) with I-140 approved from my current employer. I'm planning to change jobs very soon.

My question is whether I should have an H1B renewal approved from my current employer before I move to the new employer or can I use the I-140 from the current employer and get an H1B transfer/extension directly with the new employer?

I would greatly appreciate a response.

Sreenath,

You can use the I-140 to extend H1b beyond 6 years with the new employer too. Since you have only 10 months left in the current H1b approval, if you plan to move to a new employer ask the attorney to request for 3 years extension + H1b transfer at a time, they will sure grant both.

Even if they give 10 months, you can very well extend H1b using the old employer's I-140 for 3 more years ( after March 2014)

PS: You may have to restart the GC process again with the new employer, unless there is a mutual understanding with the old employer to continue the GC process.