FAQ: Changing jobs after I-140 approval
Dear Rajeev Sir,
I am really in confused state to change job with this scenario.
I moved from Company A (L1 B) to Company B (H1 B) in October 2014. Company B initiated my GC process in June, 2014 itself as future employment and I-140 get approved in February 2015 and priority date is June, 2014.
I completed 6 years max out (L1 + H1) and got H1B extension upto July, 2018 based on my I-140 approval. Now I got an offer from Company C and promising me that they will file my GC after 6 months.
1. If I join Company C and file H1B transfer based on my I-140 approval will I get 3 years extension (October 2019) ?
2. What happens if my Company B revokes my I-140 as soon as I joined Company C will I get same old priority Date ?
3. My roles and Job Descriptions are changing from Company A to B to C, will it effect my GC priority dates ?
4. Company B says that they should revoke my I-140 because of Ability to Pay Clause, is it true ?
5. If no issues with all of my top 4 questions, What else do I need to make sure before I joining Company C ?
Really appreciate for all your help here.
Thanks & Regards
RK
Changing Jobs After I-140 Approval and H-4 EAD Question
Currently on H1-B (beyond 6 years - 3 Yr extension based on I140 Approval) - I140 Approved with Employer A
1) If I am planning to move to employer B - per my understanding it is important that the until the new PERM and new I 140 is approved - employer A should NOT be revoking the I - 140 - so that the PD is retained as per the current practice. Is that right ? In general - can the PD is typically retained as the current practice - if the previous I 140 is revoked (but not for any fraud or misrepresentation) - especially in the light of BIA decision for Grace Estrellado, A089 056 676 (BIA Nov. 19, 2014) case ?
More Info -[Deleted - external link]
2) In this case, can the H1-B be transferred (and extended - as it is closer to the end of current 3 Year Period) from employer A to employer B - and along with H-4 extension and H-4 EAD re-application - based on the Employer A approved I 140 - if NOT revoked - until the new PERM and new I140 with employer B is processed and approved ?
3) Any specific updated regarding I-140 EAD rule - as this rule apparently has some clear directives about both I140 revocation and PD retention and H1-B Grace Period of 60 days (which is 0 days currently).
Thanks Much
Rahul