Other Employment-Based Greencard/I-140 General Issues
Can I change my employer and go to a new job with H1B if my I140 is pending with USCIS?
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Can I change my employer and go to a new job with H1B if my I140 is pending with USCIS? Do you think I should go for premium processing to get approval if transfer of H1B is problematic? I am in my 2nd year of H1B. Several forums say that transfer of H1B is not a problem if I140 and I485 are pending. Is this correct?
In answer to your questions:
1. Yes, as long as you continue to work in your field of expertise, you can go to a new job with an H-1B visa while your I-140 is pending. The H-1B visa allows immigrant intent. So, there will be no conflict between your pending I-140 and your H-1B transfer.
2. We do not suggest Premium Processing, as we have found that in cases where Premium Processing has been requested, Requests for Additional Evidence (RFEs) are issued at a higher rate.
3. You can transfer your H-1B visa while your I-485 is pending, as well.
