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Employer Change after 140 approval

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asked Apr 18, 2017 in H1B: Extensions by sks0412 (150 points)

I have got approved 140 from emplyer A and Now planning to switch to employer B after 180 days of 140 approval.

Employer B has got visa transfered but I got only one year extension on new transfer upto Apr 2018 with employer B,Previos extension from Emplyer A was three yeay upto 2020 though.

Now question is Will I be able to get three year extension next year with employer B if I switch because I have 140 approved from employer A?

I am getting my six year completed around same time next year so my worry is if I dont get extension based on approved 140 from previous employer A,I may have to go back.

Can please some one give some ideas around it?

Also my wife H4 EAD is in process from last two months with employer A which has H1B validity 3 year extension but if I switch now to employer B with whom I have got only one year extension with transfer ,Not sure if She will get one year or three year EAD and if She get one more year what will happens about EAD extension ?

1 Answer

0 votes
answered Apr 19, 2017 by dan (24,544 points)

Will I be able to get a three-year extension with employer B if I switch because I have 140 approved from employer A?  

Yes, as long as your employer is able to show that they have specialty occupation work available for 3 Years

I am getting my six years completed around same time next year so my worry is if I don't get extension based on approved 140 from previous employer A, I may have to go back

Any Employer can file an H1B Extension using an I-140 from another Employer

Also, my wife, H4 EAD is in process from last two months with employer A which has H1B validity 3 year extension but if I switch now to employer B with whom I have got only one year extension with transfer, not sure if She will get one-year or three-year EAD and if She get one more year what will happen to EAD extension ?

She will follow your H1B Approval duration since H4 EAD will go with H4 duration.

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