What are my rights if I am currently on 2nd year of my H1B?

My PERM is approved with a priority date of 13 momnths ago; I-140 is filed and pending approval. I am hoping this would be approved in about 4 months from now.However, I am planning on switching employers. Can I carry over my priority date with new employer? If so, are there any conditions like minimum period to wait after I-140 is approved to carry over the priority dates to new employer?

Asked on April 29, 2014 under Immigration Law, New Jersey


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The H-1B is a non-immigrant visa which allows U.S. employers to temporarily employ foreing natiuonals in specialty occupations. I

If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, this worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the United States.

In short, you have to apply for a whole new H1B visa since you are planning on changing employers. The minimum period to wait regarding the I-140 visa is three months.

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