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Posted on 12 Jul 2010
Q.

Change Employer after I 140

My question is similar to the one asked by one of the members of this site.-"Change of employer -- I-140 approved" to which you have replied.

I got my I 140 approved and my 6'th year H1B gets over Jan 01 2011.I need to change employer since I want to pursue MBA and my employer does not support it at all.
I will file for 3 years of extension(until Jan 01 2014) with current employer and immediately change to new one.
My concern is-By when should the new employer file for GC(LCA) so that he too can get 3 years extension for me based on approved 140.
Does the 365 days rule still apply?
That means i would have to get in writing from the new employer that they will file for it before Jan 01 2013(Exactly 365 days before last day of my extended H1B)
is this true?
kindly advice.
thank you

User's Location: new york, New York, United States of America
Category: H1B Visa (Work Visa)
Posted on 13 Jul 2010
A.
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Indu Liladhar-Hathi
Immigration Lawyer
Indu Liladhar-Hathi
(408) 453-5335

www.indulaw.com

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