How soon can I shift jobs after my I-140 is approved? Can I still get a 3-year H1B extension if I move to a new job right after the I-140 is approved?

Answer

As long as the I-140 remains valid (i.e. not withdrawn by the employer), one can use that I-140 approval as a basis to request a 3-year H1B extension with any employer. There is no wait time to use the I-140 approval for H1B extension, even with a different employer. Keep in mind that, if you are not planning to return to that I-140 sponsor, then your new employer will need to file a new labor certification and I-140 (unless the I-485 has been pending for at least 180 days, in which case AC21 portability might apply). (02.Nov.2015)

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