At What Point????

[rebellious]

After being lied about labor filing by two companies and wasting 4 years of my H1B, i switched job and this company truly filed my labor on march 2005. I understand that if i switch my job after 140 approval (and ofcourse i won't be able to file 485 due to this damn retrogession) i will have to file a new labor and 140 but i can keep my priority date. my question is if i get my labor and 140 but my h1b fifth or sixth year is over by then, can i still move to a different company and based on my priority date apply for h1b 7th year extensions and file for a new labor based on the same priority date.
i mean at point am i really safe to switch jobs and not lose my priority date?
thanks a lot in advance!

 

[indio0617]

If you move companies after an I-140 approval you will retain your old PD but You will have to start the entire Green card process (LC, I-140, I-485) from scratch with the new employer.


For H-1B extensions beyond the 6th year you either need to have a LC pending for 365+ days or an approved I-140 (without the ability to file I-485 due to retrogression). In the first scenario you will get 1 yr extensions, in the second 3 yr extensions.

Now, theoretically you can aply for a H-1B extension with new employer as long as the old LC is pending and is 'kept' alive by the old employer. You are therefore indirectly at the mercy of your old employer for H-1B extensions with the new one.

I would suggest planning your move like this. It is tricky. (It all depends in how many years you have left on your 6 yr H-1 period).

Before the 6 years get over and after the LC is certified + I-140 is approved move to the new employer and immediately start a new green card process. You will then be able to get an H-1B extension with the new employer and also retain your old PD.

If you are at the fag end of your H-1B then it is wiser to stick with the current employer.

Do consult an experienced attorney......