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I140 Pending - Change In Employer

Discussion in 'AC 21 I-140 Portability' started by pradeep06, Mar 19, 2015.

  1. pradeep06

    pradeep06 Junior Member

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    Hello Ron
    I was in the 6th year of H1 (2014) and my PERM was approved in Oct 2014. My H1 was expiring in Sep 2014, so I switched to H4 by Aug 2014 so I can apply for H1 extn after i140 approval. My employer (A) closed my position due to budget cuts before my 140/H1 extn. My I140 is pending and not yet withdrawn, in this case, if my I140 is approved,

    1) Can I apply for a H1 extension through a new employer(B) based on the approved the I140

    2) If so is there a cool off period after 140 approval before I can apply for H1 through new employer.
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You may apply for a post-sixth year H1B through a new employer. There is no cooling off period.

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