Changing employer in 7th year

[Abdul Raquib]

Hi,

1) I have an approved 1-140 + EB3 LC (Oracle Financials) from current employer A and have finished 6 years of H1, recently got 3 years of extension
Can I do H1 transfer to a new employer? Is it safe to change the employer in 7th year in terms future GC processing with new employer.

3) The new employer B is to file under EB2 (under JAVA/J2EE, this where I have 7years of exp), after getting EB2 Labor approved, can I used the priority date of EB3 LC from the current employer?

4) Can the current employer A terminate my approved I-140
or can he substitute this to other employee, if so,
what will be the impact on my GC processing with the new employer.


I would really appreciate your guidance.

Thanks in Advance,
Abdul

 

[GotPR?]

Hi,

1) I have an approved 1-140 + EB3 LC (Oracle Financials) from current employer A and have finished 6 years of H1, recently got 3 years of extension
Can I do H1 transfer to a new employer? Is it safe to change the employer in 7th year in terms future GC processing with new employer.

3) The new employer B is to file under EB2 (under JAVA/J2EE, this where I have 7years of exp), after getting EB2 Labor approved, can I used the priority date of EB3 LC from the current employer?

4) Can the current employer A terminate my approved I-140
or can he substitute this to other employee, if so,
what will be the impact on my GC processing with the new employer.


I would really appreciate your guidance.

Thanks in Advance,
Abdul

1) It is not recommended, since validity of extension is not clear in case I-140 got revoked.
Some lawyer says 3 year extension based on old employer is valid even though I-140 was revoked, but some says it's void once it's revoked. So far, USCIS haven't made it clear about this point yet. But if you really want to, you can try after talking to lawyer.
3) yes provided your I-140 with old employer is not revoked or withdrawn.
4) Yes, they can revoke I-140 or substitute LC anytime unless you reached 180 days I-485 pending.
Impact of I140 revocation is you lose your old PD. And as I said in #1, validity of extended H1 is not clear.

 

[Abdul Raquib]

1) It is not recommended, since validity of extension is not clear in case I-140 got revoked.
Some lawyer says 3 year extension based on old employer is valid even though I-140 was revoked, but some says it's void once it's revoked. So far, USCIS haven't made it clear about this point yet. But if you really want to, you can try after talking to lawyer.
3) yes provided your I-140 with old employer is not revoked or withdrawn.
4) Yes, they can revoke I-140 or substitute LC anytime unless you reached 180 days I-485 pending.
Impact of I140 revocation is you lose your old PD. And as I said in #1, validity of extended H1 is not clear.

Hi,
Thank you very much for the quick response, I should definetely speak to lawyer before any decision, but your suggestions are really valuable and help me take the initiative.

Regarding I-140, It has already past 180 days since the I-140 notice approval, so, now the employer cannot do either LC Substitute nor Revoke/withdraw I-140 Application, please confirm this.

Also, when the new employer needs to use the old priority date, what documents are needed?, I have only a copy of the I-140 Reciept, will that be enough?.

Regards,
Abdul

 

[_cheetah_]

so does that mean --

im already on 7th year on h1B with current employer. Spouse on H4

if i have approved I-140 + I-485 filed and pending more than 180 days - its ok to make the bold move to switch diffrent employer assuming he files labour thru PERM retaining my current priority date ?

just want to make sure if im I-485 filed + 180 days - current employer cant cancel my approved I-140 ny any chance. Is that right ?

Also is it possible to continue renewing my H1B after switching to a different employer - using above scenario coz since my spouse has to stay on H4 for a valid status ( since my priority data is not current ) I have to stay in H1B

would appreciate your suggestions. thanks

 

[GotPR?]

Abdul,
AC21 allows you to port your I140 if 180 days has passed after I485 was filed. If yours fits this case, your LC and I140 is safe.
So the question is did you file I140 and I485 concurrently ?

Cheetah.
you can move. Attempt that employer tries to revoke your LC or I140 should not have any effect on your case.
I believe you can keep renewing H1, but it is not clear whether your H1 keeps valid even after employer substitute your LC to somebody else.
Accroding to memo, if LC is substituted, original person loses ability to extend H1, but it did not clearly mention in the case that AC21 is applicable like your case. Probably your H1 is renewable, but since it's very critical issue, you had better confirm with lawyer.

 

[Abdul Raquib]

Abdul,
AC21 allows you to port your I140 if 180 days has passed after I485 was filed. If yours fits this case, your LC and I140 is safe.
So the question is did you file I140 and I485 concurrently ?

I was unable to file I140 and I485 concurrently due to retrogression, waiting to file for I-485 for priority date.

so, the only choice to either Convince him to continue GC processing even after I join the new employer or stay with the currently employer , correct me.

Thanks,
Abdul

 

[GotPR?]

so, the only choice to either Convince him to continue GC processing even after I join the new employer or stay with the currently employer , correct me.

Yes, you have only 2 choices as you mentioned at this moment.