Possibilities of Changing Job? Perm+i-140 H-1B max out 6 years

Green Card
1

Helping my friend asking the question, because, I am not 100% sure about it:

My friend doesn’t want to stay in his current company anymore. He wants to get his I-140 approved and switch jobs as soon as possible, but he’s not sure how feasible that is in his situation. Specifically, he’s wondering whether a new company can still sponsor his H-1B or if he needs to go through the lottery again. This is his sixth year on H-1B, and his company has already submitted an H-1B extension. Since he has an active PERM, he can continue extending his H-1B.
Moreover, his PERM was filed at the end of 2023, and based on the current processing speed, he should be able to file his I-140 this summer. If everything goes smoothly, he could get his I-140 approved within two weeks.

Here’s his questions:

  • If he has an approved I-140 but his H-1B has already reached the six-year max-out, can he still change employers?
  • If so, can he use his current employer’s approved I-140 to file for an H-1B extension/transfer?
  • If he can, how many years can he extend his H-1B?
  • Or does the new company need to file a new PERM before he can switch jobs?

Thanks ahead!

2
  • If he has an approved I-140 but his H-1B has already reached the six-year max-out, can he still change employers?
  • Yes, if his I-140 is approved before he maxes out his H-1B, he can transfer to a new employer and extend his H-1B beyond the six-year limit.
  • Can he use his current employer’s approved I-140 to file for an H-1B extension/transfer?
  • Yes, as long as the I-140 remains approved and has not been withdrawn by his employer for at least 180 days after approval, he can use it to request H-1B extensions with a new employer.
  • How many years can he extend his H-1B?
  • He can extend his H-1B in increments of up to three years at a time as long as his I-140 remains valid and his priority date is not current.
  • Does the new company need to file a new PERM before he can switch jobs?
  • No, a new PERM is not required for him to transfer his H-1B to a new employer. However, if he wants to pursue a green card with the new employer, they would need to start a fresh PERM and I-140 process.
3

Ohhh that’s sweet!!! Thanks a lot, I will share the answer with my friend.

4

Hi, Sai

  1. Yes, if i-140 is approved then you can extent the H1B if it did not max out.