Can I switch jobs after I-140 is cleared and before I-485 is applied.

R

ryarlag1

New Member
I have been working in US from ’99 on a H1B Visa. MY labor was filed in 2004, EB2, RIR category; my priority date is April, 2004. Recently the labor got cleared and I have applied for my I-140. I have been working for the same employer for the past 8 years and have decided to move on as soon as possible. I have the following questions:
1. Once 1-140 is cleared, will I get a 3 year H1B visa? Currently I get 1 yr H1B visa.
2. Can I join another company after my I-140 is cleared and apply my I-485 with the new company?
 
I got my I 140 cleared and got around 2 1/2 yrs of extension as that is all my company applied for.
I think you would be eligible for 3 years

When you change the company you have to file the labor and I 140 again with the new company, If I 140 is approved there is a way to transfer the priority date to the new company using the copy of the approved I 140 from previous company.
 
Thank you for the information. I am planning to switch to a new company after the I-140 is cleared, so that I can keep my old priority date. I don't want to loose my priority date under any circumstances.
 
Continuing to the question:

Say if we got 140 approved from company A and moved to company B with extension for 3 years. If company A withdraws 140 then our H1 is no more valid right as we got extension based on Company A's 140.
 
Ideally when you transfer from Company A to Company B, you want Company B to apply for Labor and then 140. You use your old 140 to keep your priority date. If Company A cancels the old 140 before you get your new 140 you will loose your priority date. But I don't think your H1B becomes invalid because you already have trasnferred to Company B.
 
I am in my 6th yr on H1 and waiting for 140.

Had a question on this: Once your 140 comes through, when can you change jobs - Immediately? Or do you have to wait till your old employer has filed and obtained your (3yr) H1 extension? Can the new employer file for your H1 extension instead?

Any inputs appreciated.
 
ryarlag1 said:
2. Can I join another company after my I-140 is cleared and apply my I-485 with the new company?
Click to expand...
AC21 allows you to switch jobs after your I-140 is approved, and your I-485 has been pending for at least 6 months.

If you switch before both of these facts are true, then you would need to file a new LC and a new I-140 with the new company.

Also you can't get an H1b extended for more then 6 years unless your Labor certification has been pending for over 365 days. If you switch companies without using AC21, then that LC is no longer linked to you, and so you don't have a way to extend your H1b beyond 6 years until your LC has been pending for 365 days. If you've already extended it while your first LC was pending then you may have trouble extending it again when you file the new LC.
 
Last edited by a moderator:
willy_gc said:
When you change the company you have to file the labor and I 140 again with the new company, If I 140 is approved there is a way to transfer the priority date to the new company using the copy of the approved I 140 from previous company.
Click to expand...

In my case, my 140 is NIW based, if I want to switch job after 140 approval and before filing 485, what should I do? Do I also need to transfer the priority date to the new job? Thanks.
 
gotta_think said:
I am in my 6th yr on H1 and waiting for 140.

Had a question on this: Once your 140 comes through, when can you change jobs - Immediately? Or do you have to wait till your old employer has filed and obtained your (3yr) H1 extension? Can the new employer file for your H1 extension instead?

Any inputs appreciated.
Click to expand...

I think your new employer should be able to file the extension after the I-140 approval. Please read this thread. Please note that the present employer should not revoke the I-140.
 
Thank you for the information. I am planning to switch to a new company after the I-140 is cleared, so that I can keep my old priority date. I don't want to loose my priority date under any circumstances.
 
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