7th year job change_keep the PD...Update!

S

shailu76

Registered Users (C)
Folks
Situation:
1. 7th Year H1B approved
2. LC approved (EB 3, PD – Aug 2002)
3. I-140 filed
4. Need to change employer

I just paid $160 to a lawyer to get some clarifications on my case so wanted to share that with you so that you guys don’t have to pay $160 for the same information.

The good news is that you can keep your PD (Priority date) even if you change your job in 7th year H1B.
How? Read on…

1. First you have to convince your current company to keep the case going and not revoke it at any point. This is the key to everything that I am going to say from here on.
a. It’s not a legal duty of the employer to inform USCIS and revoke the case so employer is not doing anything wrong.
b. It wont cost money to keep the case going.
c. Request them to respond to any RFEs (proof of Ability to pay etc)
d. Ability to pay needs to be proven at 2 points in the process. When the LC was filed and when the I-140 is getting approved. (Not from the date of LC filing to the date of I-140 approval.)​

2. Transfer your H1B to a new employer.
a. Ask for full 1 year and not just remaining time on H1B 7th year. So that you can gain some more months if already on 7th year.
b. The job doesn’t have to be same or similar as long as the job is “H1Bable”
c. Join the new employer upon receipt notice or if you need to join earlier then do the following
i. Ask employer to watch the bank account to see when the check for fees is getting cashed. If this happens then that means the case is accepted.
ii. Do a registered post with return receipt.
iii. Safe is to wait until you get the receipt notice​

3. Ask your employer to file new LC through PERM.
a. This can be EB1, 2, 3, 4, 5. Any of these. Since this is a new LC, it doesn’t matter what category it is.
b. This will take about 6 months or so. (3-4 months for recruitment, 2-3 months for approval)​

4. Ask your new employer to file I-140.

5. Ask new employer to file for 8th year extension based on the previous LC. Take the receipt notice from previous LC so that you can show that it was filed 1 year before the ext date. If your old I-140 approved by then, then you can get 3 year ext.

So what are the risks:
1. If the previous employer revokes the LC or uses it for someone else then you can not retain your PD nor can you file for 8th year ext.
2. This solution is specific to my case. there may be other risks based on your specific case.

Guys, let me know if you see any problems with this process or if you have any questions.
good luck
sha
 
question for you

what happens if you want to change jobs after 140 is approved. I know you will get three year H1B extension then.
are you still eligible to file LC and extend H1B with the new company? can you file a new LC with the new company with old company's PD?
 
See my comments in Blue..

rebellious said:
what happens if you want to change jobs after 140 is approved. I know you will get three year H1B extension then.
are you still eligible to file LC and extend H1B with the new company? can you file a new LC with the new company with old company's PD?
Click to expand...

Yes. You can still change jobs. Infact, its better to do it once you have I-140 approved so that the PD is yours to keep given that the employer is not going to revoke the case.

When you change jobs in this stuation, you still need to file a new LC and I-140 because your old LC is not valid for new job anymore. The only reason you want the old LC and I-140 to be valid is because you can use the old PD.
 
So then does it not matter that you are filing you LC in your 7th or 8th year? can you still get H1B extension coz technically you filed LC after your 6years expired.
 
rebellious said:
So then does it not matter that you are filing you LC in your 7th or 8th year? can you still get H1B extension coz technically you filed LC after your 6years expired.
Click to expand...

If you have a LC filed already with your current employer that is pending for more than a year then you can keep getting ext. on your H1B even if you are with a new employer. Your new LC wont be usable for H1B ext. until it crosses 1 year pending.

If you do not have your LC filed for more than a year before your 6 year H1B expires then you can not get ext. so in that case there is no way to file for LC in your 7th or 8th year.
 
so basically even if you are in your 7 year and with company B, if you have and approved LC and 140 (pending 365) from company A, you use that PD to be eligible to file LC at company B.RIGHT??
now what if you get 3 year extension due to approved 140, move to a different company, don't bother filing LC.....are you still eligible to finish your 3 years?? what if 140 is used for someone by company A??
 
rebellious said:
so basically even if you are in your 7 year and with company B, if you have and approved LC and 140 (pending 365) from company A, you use that PD to be eligible to file LC at company B.RIGHT??

Yes but, you are using the old PD until you file for new I-140. The new LC will go with whatever date but when the LC approved and when you file for new I-140 thats when you use the old PD.

now what if you get 3 year extension due to approved 140, move to a different company, don't bother filing LC.....are you still eligible to finish your 3 years?? what if 140 is used for someone by company A??

Yes, you can still finish your 3 years. but thats my guess based on the fact that the lawyer told me that i can finish my 1 year ext. without filing a new LC. then that must be true for 3 year ext too.
I am not sure if I-140 can be used by anyone else. LC can be but not I-140.
Click to expand...
 
H1-b Extension based on LC/I-140 approval?

My LC was submitted early Oct 2006 and approved 10 days later. I expect my I-140 to get approved by June. My 6th year H1-b will expire in June 07. The question: can I get a 3-year extension on approved I-140 and LC or approved I-140 and LC that was submitted for 365 days (irrelevant of the status)? Thanks.
 
H1 fees after LCA

I have filed my GC under future employment and my labour got approved recently. Now this employer wants me o work for him after filing I140. I want to know what is cost for filing new h1 after labour is approved. Is it still around 2000$ or will it be below $500.

I should pay my H1 expeses.
 
rudy02 said:
My LC was submitted early Oct 2006 and approved 10 days later. I expect my I-140 to get approved by June. My 6th year H1-b will expire in June 07. The question: can I get a 3-year extension on approved I-140 and LC or approved I-140 and LC that was submitted for 365 days (irrelevant of the status)? Thanks.
Click to expand...

If you get your I-140 approved before your H1B 6 year is done then you can go for 3 year ext but if your I-140 is not approved by that time then your LC has to be filed 365 days before the H1B expires. It does not matter if it is approved or not.
 
sud18 said:
I have filed my GC under future employment and my labour got approved recently. Now this employer wants me o work for him after filing I140. I want to know what is cost for filing new h1 after labour is approved. Is it still around 2000$ or will it be below $500.
I should pay my H1 expeses.
Click to expand...

The cost for filing new H1B will be same as New H1B, or if its a transfer then it will be same as any other H1B transfer. it does not matter what stage your GC is in. Remember that H1B and GC process has nothing to do with each other. The only relation between them is to get Ext on your H1Bs based on labor cert. Please confirm with Lawyer though.
 
Job change while in 6th year

Hi experts,

Need a word of advice, I am going to start 6th year from May 2006. My company has applied for 7th year extension (may 2007-may2008) based on LC filed in Mar 2005.

So once the extension is approved i will have 2 years on my H1 from May (2006-2008).

1. Can i change my job now and file a new LC with new company and then get 8th year extension? Or my 7th year extension is only valid with my present company?

2. Any risks of doing this?

Appreciate any pointers.

Regards
 
It is better to change job once you have I-140 approved so that the PD ?

You said "Infact, its better to do it once you have I-140 approved so that the PD is yours to keep given that the employer is not going to revoke the case."

So, If I change my job after I get my LC and I140 - then my OLD employer cant cancel LC/I140 and hence I have no problem with MY PD? Mostly these desi consulting firms are crap ! Once you leave then for what ever reason they will cancel your H1B / LC / I 140 (also try to create other problems if they could), so ...you say we are safe with atlease PD ? !!! thats most important

Thanks
King
 
letuslove9999 said:
You said "Infact, its better to do it once you have I-140 approved so that the PD is yours to keep given that the employer is not going to revoke the case."

So, If I change my job after I get my LC and I140 - then my OLD employer cant cancel LC/I140 and hence I have no problem with MY PD? Mostly these desi consulting firms are crap ! Once you leave then for what ever reason they will cancel your H1B / LC / I 140 (also try to create other problems if they could), so ...you say we are safe with atlease PD ? !!! thats most important

Thanks
King
Click to expand...
I have question, say 3-4 years back labor and I140 was approved by COmpany A. And employee need to leave the company A and he has not applied I485 at that time. Is that possible company A can use that labor for another employee even then I140 was approved for original employee.
Please answer ??
 
d. Ability to pay needs to be proven at 2 points in the process. When the LC was filed and when the I-140 is getting approved. (Not from the date of LC filing to the date of I-140 approval.)[/INDENT]

My lawyer says company needs to proof the ability to pay from PD till I-140 filed / approved....Is the above saying true? Then it would be a good news to me cos my company's financial is really bad .. and I am on my 8th year H1B.

Better start looking for a new employer...
 
H1B transfer for how many years after I-140 cleared

I'm already in my 6th year of H1B which will end in november. I have already got 7th year extension. Planning to apply for I-140 soon. The conditon of my current company is not very good. My question is, if I want to change the job after I cleared (hopefully) I-140, how many years on transfered H1B I will get? One or Three?

If I'm getting three year H1B through new company then it will be easy for getting gc processing from new company along with keeping PD.
 
Guys ! How to get a pre - approved labor & Approved I140 ?

Guys,
I know I am very late in the race. But still, can any one give me pointers on How to get a pre - approved labor & Approved I140 ?

Do you guys have any company list who can do this & also reliable in terms of company size/financial status/# of GC's already got etc,,,
 
7th yr, extension and H1 transfer issue

Guys, Consider this:

3 yr H1 extension obtained based on approved I 140.

1) Now if the H1 holder moves to a NEW employer, will his H1 be transferred for 3 yrs. (i.e. the same period remaining in the H1 from the original employer)

2) What if the Original Employer revokes 140. Will that make the new H1 invalid? (assuming above is true and 3 yr obtained in H1 transfer)
 
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