I’m maxing out the 6th year for H1b and my I-140 just got approved. 1 month ago, my employer has filed a h1b extension but it is based on the approved PERM instead of the 140, and only asked for one-year extension. In that case, after 6 months (180 days i140 rule to avoid employer’s revoke), will I be able to switch employers even though the renewed H1b gonna expire soon at that time?

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Yes, you can switch and should be able to get additional time to max 3 year when you transfer.

Thank you very much, really appreciate the help! One follow up question is what should I tell the next employer during interview - do the recruiters understand 140 expiration date vs h1b expiration date? I don’t think they’d know much.

Sorry to go off on a tangent but my husbands firm has now applied for his i140 - they told him that extension is not possible based off the approved perm. But I’m reading otherwise from your post?🤔

It is highly likely his perm is not filed prior to the expiration of the 5th year, if that is the case he can’t extend h1b based on the perm

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