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It is true for the H1B holders with the visas under 6 years. However there is a whole class of H1Bs who had been in status for longer. They manage to extend the
by pandaman 8y ago
It is true for the H1B holders with the visas under 6 years. However there is a whole class of H1Bs who had been in status for longer. They manage to extend their status beyond 6 years based on approved I-140 and the fact that they cannot apply for a Green Card because of the country limit. For these people the H1B is the only available legal status and it entirely depends on the I-140, which belongs to the employer.
Theoretically, nothing prevents them from changing jobs just like with a <6 y.o. H1B. Also, theoretically, nothing prevents the old employer from recalling the I-140. In such a case there are, probably, ways to still retain legal status but they are far more complicated than filing for a new H1B.
- jogjayr 8y ago> Also, theoretically, nothing prevents the old employer from recalling the I-140 Also untrue. Employers can only revoke I-140s within the first 6 months after approval. After that, they can't do anything if the employee decides to leave.
- pandaman 8y agoOh, that's a new rule from 2017, I did not know that. Worked as I described before that though.