Showing posts with label Priority Date Recapture. Show all posts
Showing posts with label Priority Date Recapture. Show all posts

Thursday, February 3, 2011

Q & A: H-1B portability after the 6th year; priority date recapture

Question:  Hello, can you please provide me some guidance on my H-1B scenario? I am working on H-1B since October 2004. My current company filed for my green card and my I-140 petition is approved, with a priority date in January 2009.  I have recently been approved for H-1B status beyond my 6th year, valid to July 2012.  Now I want to know what are my options if I want to move from this job/company?

1. Can I change companies on H-1B now? If so, would I get a 3 yr or 1 yr extension?

2. Do I need to take a break from H-1B status and wait for a year before I can file for a new H-1B? Or can I apply when the H-1B quota opens again in April 2011?

3. Would I retain my GC priority date if I change jobs?

Please find RWG answers after the jump.