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.
2. Transfer your H1B to a new employer.
3. Ask your employer to file new LC through PERM.
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
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.)
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
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
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)
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