Changing employers during I-140 processing

U

usa4321

New Member
I want to know if it is possible to change jobs during I-140 processing in the following situation. My priority date is September 2004 (EB 3 category). Labor is approved and I-140 is in process. My regular 6 year H1-B expires in
August 2007 (but I already have an extra year I-797 till August 2008 based on the extension applied for this GC application)

If I change jobs by March 15 and immediately start GC processing at the new job:

What will be the H1-B expiration date in this case - August 2007 or August 2008 ?

Will I be eligible to stay on after August 2007 on a yearly H1-B extension on the basis of a pending GC application ?

Let me know if more info is needed.

Thank you
 
Changing catogery after I-140 approval

PD: Feb 18th 2003
EB3/NY

We got our I-140 approval on Jan 18th 07. Since the current priority date for filing I-485 is May 22 '01, I dont have any clue as to how long I may have to wait before I file I-485.

I am a 4 year bachelors Engg. degree holder with more than 6 yrs work exp. in US and a total of 14 yrs. When the GC was filed in 2003 my catogory was done under EB3, as I had only 3yrs of US exp at that time (EB2 requires -Master's degree of Bachelors with 5yrs of work exp.). But I read a bulletin where it stated that after filing GC under EB3 and waitng, the number of years that he/she has worked during that time can be considered and file under EB2.

Can anyone please guide me as to whether this can be done and if so, what are the specification?

Thanks in advance
A GC dreamer
 
Hi,
I need some help here....
I have one EB3 I140 approved from company A and another EB2 I140 in process with company B but I am currently employed with company B and I am already on 7th year extension with company B and they are getting ready to file my 8th year H1B extension ( not yet filed) but to be on safe side can I use Company A's approved I 140 to file my another 8th year extension with company C.... Any suggestions are greately appreciated and helpful for me...

Thanks....
 
Hi, I asked a similar question to a lawyer.
The answer is that you can switch to EB2 if and only if you change your occupation. For example, you were a software engineer and you became an engineering manager while you were waiting for the I-485 queue to be current. On the other hands, if you were promoted to be a senior software engineer, then you couldn't change to EB2 since your occupation wasn't changed.

Greencarddream said:
PD: Feb 18th 2003
EB3/NY

We got our I-140 approval on Jan 18th 07. Since the current priority date for filing I-485 is May 22 '01, I dont have any clue as to how long I may have to wait before I file I-485.

I am a 4 year bachelors Engg. degree holder with more than 6 yrs work exp. in US and a total of 14 yrs. When the GC was filed in 2003 my catogory was done under EB3, as I had only 3yrs of US exp at that time (EB2 requires -Master's degree of Bachelors with 5yrs of work exp.). But I read a bulletin where it stated that after filing GC under EB3 and waitng, the number of years that he/she has worked during that time can be considered and file under EB2.

Can anyone please guide me as to whether this can be done and if so, what are the specification?

Thanks in advance
A GC dreamer
Click to expand...
 
You must log in or register to reply here.
Top