10th year extension - I140 approved - change employer

I

iamthedruid

New Member
Hi

I am now into my 10th year H1 (recently got H1 extended for 3 years) and my I140 got approved 2 years ago. Unfortunately my employer didn't apply for 485 at the time and all apps got retrogressed.

Apparently, I am having lots of issues with my employer and now at the brink of my patience and seriously want to switch employers. Now the question(s) is

1. Can I do that. If so what is the process for me to still be in status.

2. What happens to my current priority date ?

Any help is highly appreciated.

thanks
 
Similar situation

I am sure many of us in a similar situation (past 6 years of H1B) and thinking of switching jobs. Where can we find a comprehensive information on this subject?
 
Hello,
I am in the 7th year H1B Extension. My employer filed my labor in Nov 2005 for green card. I got my I140 approved, 5 months back. Last month, I got 3 year extension on H1B. I found an offer with another company. They will do H1 Transfer. Is it fine to switch the job at this point? Can I apply my I485 with the new employer when my priority date come to current? Any help is appreciated.
Thanks
 
iamthedruid said:
Hi

I am now into my 10th year H1 (recently got H1 extended for 3 years) and my I140 got approved 2 years ago. Unfortunately my employer didn't apply for 485 at the time and all apps got retrogressed.

Apparently, I am having lots of issues with my employer and now at the brink of my patience and seriously want to switch employers. Now the question(s) is

1. Can I do that. If so what is the process for me to still be in status.

Yes you can. Ask the new employer to apply for H1 transfer. Not sure if you will get the 3 year or 1 yr. (H1B premium processing strongly advisable) Regardless, lets say if you get H1 extension for 1 more year (hopefully 3 yr). Within that time, your new employer files PERM LC and get approval, subsequent I140 ,hopefully get approval on that too (it seems feasible in current scenario, timewise). Since you have approved I140 from current employer, you will retain your PD, regardless of new GC process filed with EB2/3. Hopefully, you can apply in EB2 which is running relatively faster for Indian nationals (assume you are from India). That way, you will be back to where you are currently in a year or so OR may be in a better position, if you were eligible for EB2 and applied new I140 in EB2.

2. What happens to my current priority date ?
Answered above - you will retain as you have approved I140 from current employer.

Any help is highly appreciated.

thanks
Click to expand...
 
I-129 pettition

Hi GCHell, please respond to the following.
I am on 6th year H1B. it expires on May-2007. my husband is with me on H4.and it expires on Feb 22,2007. Now we applied for extention through the attorney.my H1B is Non IT(Teacher) the attorney sent the I-129 forms to the employer for their consent. my quetion is -should we get this I-129 signed by the employer even after getting the I-140 and LCA approved?.Because we got both approved 6-months ago and are waitng for visa numbers.(PD-April 2003,EB-3,India)
Please respond to this. thanks in advance.
Jc_gc
 
Yes!

jc-gc said:
Hi GCHell, please respond to the following.
I am on 6th year H1B. it expires on May-2007. my husband is with me on H4.and it expires on Feb 22,2007. Now we applied for extention through the attorney.my H1B is Non IT(Teacher) the attorney sent the I-129 forms to the employer for their consent. my quetion is -should we get this I-129 signed by the employer even after getting the I-140 and LCA approved?.Because we got both approved 6-months ago and are waitng for visa numbers.(PD-April 2003,EB-3,India)
Please respond to this. thanks in advance.
Jc_gc
Click to expand...

Your Employer has to sign I-129 whenever a H1 Visa is filed.
 
I-129

hi, cableching, thank you for your response. now i have to wait for my employer's signature.
thank you,
Jc_gc
 
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