I-140 approved, No I-485 change of employer

**nashot99** · 19th October 2006, 11:40 PM

I've my labor approved in EB3 category and I-140 approved in Dec. 2005. Priority date is in April 2004. Wonder what are my options as far as change of employer is concerned.

Is it okay if I join new employer and have them file for labor in EB2 PERM followed by I-140 or Should I get labor EB2-PERM and I-140 approved from the new employer before joining him

Quick response is appreciated.

**nervewreck** · 20th October 2006, 07:08 PM

This purely depends on how much you can rely on your new employer. If you do rely on them then you can have your H1 transfered, start working with them and then get your LC and 140 refiled. You would be able to retain the original PD of April 2004, as long as the old employer does not retract your 140 (Or so I read on other forums related to this topic).

The pitfall is, if your new employer gives you problems after you join them and cause problems in filing for your LC and new 140, you will be in big time trouble, as you will be left no where.

Good Luck.

**nashot99** · 23rd October 2006, 11:36 AM

thanks for the prompt response.

If my new employer is ready to transfer H1/file for labor in PERM followed by I-140, I've a quick question. Since I've I-140 approved from my old(existing) employer, he can file for 3 yrs ext. on my H1. I'm already in 7th year. Now if the new employer files for H1 ext. would it be extended by 1 yr or 3 yrs. I can request him(new employer) to attach the I-140 approval that I've already got.

again, look froward to quick response/s

**desi3933** · 23rd October 2006, 11:55 AM

Originally Posted by nashot99

thanks for the prompt response.

If my new employer is ready to transfer H1/file for labor in PERM followed by I-140, I've a quick question. Since I've I-140 approved from my old(existing) employer, he can file for 3 yrs ext. on my H1. I'm already in 7th year. Now if the new employer files for H1 ext. would it be extended by 1 yr or 3 yrs.
3 years for H1B extension

I can request him(new employer) to attach the I-140 approval that I've already got.

again, look froward to quick response/s

**nashot99** · 24th October 2006, 02:30 PM

I just spoke to HR representative from my prospective (new) employer. Apparently, she is not sure of this carrying over of priority date (after new labor/I-140 approvals) from one employer to the other while I-485 is still not filed. She kept mentioning about AC-21 portability, which is not applicable in this case as I-485 is not filed. I mentioned to her all that is written above and tried to explain her. She was not convinced though she said she would consult immigration experts in their team/HR dept.

Wonder if I'm missing any keywords here..? How do I explain it to her, is their anything I can request her to refer to..?

**nashot99** · 25th October 2006, 02:52 PM

Again, to be specific here:

My H1B with my current employer is expriring (6 years) on 11/17/2006. I've labor approved in EB-3 and I-140 approved in Dec. 2005. He has filed for 3 years extension based on the I-140 approval yesterday (10/24/2006) under premium processing

The HR representative from my prospective employer is saying that they won't be able to transfer/get extension for my H1B since the I-140 approval is with the current employer and 6 years are done on H1B. What would I say to her to convince that it is possible.

Wonder should I wait till the extension with my current employer comes thru' before the prospective employer files for transfer/extension. What are my chances if the transfer is filed prior to the extension with the current employer comes thru' (mailed to USCIS dt. 10/24/2006 under premium).

Gurus please chip in..

**little_tongya** · 25th October 2006, 03:27 PM

Usually the big company HRs are not that informative about immigration laws until and unless she/he has gone throu immigration process.

So you and your HR contact the immigration expert and talk.

This is not a straight answer but direction.

Can you please update on your issue as it might help others, like who wants to change the job after I-140 approval.

Thanks,

**nashot99** · 9th November 2006, 10:46 AM

Update:

I got a 3yr H1-B extension for my petition by my current employer. The petition by the new (prospective) employer has been filed under premium processing.

**tmarsel12** · 14th November 2006, 10:01 PM

Hello
I am also in same boat excpet that I am in 8 yr Extension. My PD is April 2003 in EB3 Category and I140 got approved .Even I am also planning to change the employer now with pre-approved labor with PD on Mar'2002 for my same skillset try to file I140 as soon as I joined with them .He assured me to process H1 too .. Is it possible ? Can I take risk in this siuation? I would appreciate if you could update yours case .
Thanks

**nashot99** · 14th December 2006, 12:25 PM

Finally, today I got to see the H1-B approval notice from my new employer. This H1-B was also approved for 3 years.

**little_tongya** · 14th December 2006, 09:39 PM

Do we need to secure copy of I-140 from attorney, if in case I want to change the employer after I-140 approval? or having the case number be enough??

Can I request copy of approved I-140? Can attorney or HR reject my request?

Any experiences.. Please share..

**nashot99** · 15th December 2006, 10:50 AM

Well, I already have a copy of my I-140 approval notice and I'd given it to the lawyer at my new employer as also the copy of my old labor certification.

You are definitely entitled to get a copy of I-140 approval notice I believe.

**srini88** · 18th December 2006, 01:35 AM

nashot

I too am in the same situation EB3 PD 11/2004 and I-140 approved. I am trying to see about moving to a different company and keeping the PD. Did you get a firm response from the new company if they can do it and if so does the old company have to keep the I-140 till the new company files it?

Thanks

**gc_retrogress** · 18th December 2006, 05:55 PM

Y'all better know for sure that your old employer never revokes your approved I-140, otherwise you will be loosing your PD.

**srini88** · 18th December 2006, 06:01 PM

Thanks just wanted to confirm that changing jobs after your 6th yr with approved I-140 is not an issue. That part is straightforward, the issue is maintaing the PD which by the looks of it is completely dependant on the previous employer keeping it till the new one is approved, does that sound right?

I am wondering what to say to my current emp. to keep them from canceling the current I-140? I guess other than requesting them can I mention anything else to them? Since there is nothing in it for them I am not sure how they will take it, has anyone tried that part before?

**srkforgc** · 26th December 2006, 04:23 AM

You will not lose your PD even if your current (old) employer cancels the I-140. Only scenario when one loses the PD is when USCIS finds that there was fraud or misrepresntation by the applicant (applicant is your employer). Why will employer claim that they have done fraud?

**srini88** · 26th December 2006, 10:36 AM

That is good to know. Have you dealt with this personally or seen any USCIS link that talks about this?

**kalsarao** · 29th December 2006, 03:05 PM

Originally Posted by nashot99

Finally, today I got to see the H1-B approval notice from my new employer. This H1-B was also approved for 3 years.

Dude, I am in Kind of Same situation, Do you have to again file LC and I-140 with new employer Or the Old employer I-140 will be with you ?

**srini88** · 29th December 2006, 03:09 PM

No you have to go through LC and I-140 again there is no avoiding that. You changed your jobs so you have to go through the same process obviously. What I want to know for sure is if you can lose the PD if the empl. withdraws your earlier petition. I have seen posts saying that even if they withdraw you should be fine but haven't heard of anyone actually go through it and maintain the PD.

**srik3** · 30th January 2007, 07:05 PM

nashot99,

Appreciate if you could update with latest details..(Did you move to new company..any issues?)

Thanks

**nashot99** · 2nd February 2007, 12:06 PM

Yes. I did move to the new company and have been talking to in-house immigration experts as well as the attorney.

They are preparing to file another labor application and both were OK with the case. Of course the carrying over of the old priority date can happen only after the labor is cleared, so will have to wait till then.

**kopguy** · 20th February 2007, 07:44 PM

I found this article on Sheela Murthy's website.

AC21 Portability

http://www.murthy.com/news/n_analys.html

Kopguy

**hdotcom** · 26th February 2007, 12:05 PM

As per the link above...

Changing jobs after approval of an I-140 where an I-485 has not been filed means that the green card case will have to start over, right from the labor certification (LC) stage in LC cases. However, it is possible to request to retain the priority date in a later I-140 petition, once there is an approved I-140 petition in an earlier case with a different employer or even for a different position with the same employer.

Like Nashot99 said, he has to wait till his new labor with new employer. Then he can apply I140 mentioning the old priority date from the old employer.

Has any one done this before?

**srini88** · 1st March 2007, 12:20 AM

I am starting this and I have heard the same thing too, it can be done and you can retain the PD.

**rajoid** · 6th March 2007, 08:07 PM

Hi,
I'm in a similar situation and would like to clarify a few things:
1. Can I transfer to a new employer if I have received my LC and I-140 but have not applied for the I-485?
2. Can the transfer happen on a H1-B that is in its 8th year? (my H1-B has recently been renewed for one year)?
3. Can the PD be transferred to the new employer and does the new employer need to keep the current I-140 open for this to happen?

I would very much appreciate any prompt help.
Thanks!

**srini88** · 7th March 2007, 12:04 AM

1) Yes
2) Yes (Have to re do LC and I-140)
3) It doesn't seem like it based on other posts however if they withdraw based on fraud or some other issue then there could be questioning from CIS.

**rajoid** · 7th March 2007, 12:26 AM

Thanks for the quick reply srini88..

what i meant to ask in the last question was:
Can the PD be transferred to the new employer and does the OLD employer need to keep the current I-140 open for this to happen?

Again thanks much.

**srini88** · 7th March 2007, 12:31 AM

Yes I got it that that whats you were looking for and you can see this thread where people say its possible but once again if they try to revoke not sure how CIS views those kind of things. I may have mistyped and said it was not possible but from this thread looks like they can withdraw and you could be fine but I am not sure how safe it is

http://www.immigrationportal.com/sho...98#post1614498

**rajoid** · 19th March 2007, 08:05 PM

srini88,

you mentioned in one of your posts that you were going down the route of switching employers and trying to maintain your old PD.

i wish you all the best but wanted to know if your old employer agreed to keep your GC process going. if yes, what did you tell them? and if not then did the lawyers with the new employers give you some level of certainty regarding moving the old PD over?

Thanks.