QUESTION

Change of role in a different company after I-140 approval

Asked on Nov 03rd, 2014 on Immigration - California
More details to this question:
Hi All, I have approved i-140 and I am about to exhaust my H1b (just 5 months are remaining) and my company is planning to extend my H-1 status. My current role is software engineer test automation. Now I got an offer from another company, which is for a different role (software engineer developer), Since my H1b time is getting over and my role is changing, can the new company file h1b and extension for next 3 years with my current approved I-140?
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1 ANSWER

U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
1 Award
Hello. Yes, you can as long as the I-140 remains valid. You will need to somehow verify that your current company does not cancel the I-140. There is no obligation for them to hire or offer you the I-140 job. They just need to keep the case open. Let me know if you need help with the new H1b. 
Answered on Nov 04th, 2014 at 2:17 PM

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