change of employment in sixth year of H1B

[steve2005]

Hi,

This is my sixth year on H1B, I have I-140 approved and 485 is not applied due to the retrogression

Question 1) Can I change employment and carry the priority date to the new green card with new employeer?

Question 2) Can I get 3 year extension with new employer on the base of approved I-140 with previous employer?

If yes, What if previous employer revoke my Labor and/or I-140?

Any response is appreciated.

Thanks
Steve

 

[longwaitstate]

Same boat

Can someone tell us what documents are needed from Old employer? What does the new employer need about this approved 140 which will help it get the 3 yr extension for H1 as well as retain the priority date?

Thanks

 

[anilt75]

"Question 1) Can I change employment and carry the priority date to the new green card with new employeer? "

--Yes.

"Question 2) Can I get 3 year extension with new employer on the base of approved I-140 with previous employer?"

--Yes.

Your priority date belongs to you. Not to the employer.Even if your present employer revokes 140, there is no question of loosing your priority date.

However, in the event that your labor/140 is revoked, whatever happens to the validity of 3-year h1b (that is based on old labor/140) is beyond me.

Consult an attorney or wait for some guru to kick in on this forum.

I am sure of 2 things though. You carry your priority date to the new employer. Any revocation of old 140 is not going to impact your priority date.

Good luck.

 

[anilt75]

"Can someone tell us what documents are needed from Old employer? What does the new employer need about this approved 140 which will help it get the 3 yr extension for H1 as well as retain the priority date?
"

--H1B(ofcourse) + Labor(photo copy will do) + 140(Photo copy). Take these 3 along with other documents pertaining to qualifications,experience etc., and consult an immigration attorney with the whole packet. They will take care of it.

Good luck.

 

[arouncoumar]

Any revocation of old 140 is not going to impact your priority date.

This depends on your 485 pending 6 months. Else, I think PD can be retained only if I140 is still valid. From Yates memo

In those cases where the alien's priority date is established by the filing of the labor certification, once the alien's Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see the section on successorship of interest).