With one year remaining on my H1B and I-140 approved a week ago, can I move to a different company after 6 months?

Question

With one year remaining on my H1B and I-140 approved a week ago, can I move to a different company after 6 months?

Anonymous Aug 5, 2021 2 views 1 answers

I would like to move to a different company as soon as possible. My current H1B is valid till Sept 2022 which brings me to a total of 6 years. I just got my I-140 approved, which means I should probably stay for 6 months (I’m not sure if this is a rule but is recommended by many people). After which, I would have approximately 6 months remaining on my current H1B. Should I wait to get a new petition approved with my current employer before moving to a different company? Or it doesn’t matter because the new company would have to file a fresh petition for me anyway?

J Rogers · Answer 1 · 2026-06-15T19:26:55+00:00

The Code of Federal Regulations provides criteria governing an approved I-140 petition's revocation, continued validity, and a noncitizen's ability to change jobs with an approved I-140 petition. Because USCIS approved the I-140 petition, the new employer's attorney can determine if a regulation requires filing a new I-140 petition or beginning the I-485 adjustment process (if current priority date) with Supplement J. The new employer's lawyer will have the facts necessary to make these legal determinations.

With one year remaining on my H1B and I-140 approved a week ago, can I move to a different company after 6 months?

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