CHANGING JOB (Labor, I140 Approved) and currently on 3 Year H1 Extension !!!

W

waitforgc123

Registered Users (C)
Dear All,

I am sure there are many who are in my same or similar condition and may have similar questions. Hence I am starting this thread:

My condition :
----------------------------
EB3
PD - July 2004
Labor and I140 Approved.
7 Years completed
I AM NOW on 3 YEARS H1 Extension after completing 7 years on H1.
----------------------------

I am currently working with Company A and I am planning to switch to Company B. My Labor was approved for Software engineer and if I join Company B I will be doing MARKETING. Company B is willing to transfer my H1 over and proceed with Eb2.

My Question was : Given that I have an H1 extension for 3 years based on my previous I140 approval with company A ...

1) Can I switch to Company B ?

2) Can I retain my PD ?

3) If Company A cancels my I140 immediately will it result in cacellation of my 3 Year H1 and nullify my transferred H1 to Company B?

4) Since the job offer is great and in a field that I like - I am willing to loose my PD. So do you guys think that I can start off on a fresh GC process on Eb2 using my current 3 year H1 extension, even if company A cancels my 140.

5) Basically the key question is : Is the 3 year H1 extension that I have contingent/dependent on my company A's I140. Or is the H1 extension independent and can be used just as any other normal H1 which can be transferred over no matter what.

I know that there are a lot of knowledgeable and experienced people on this forum. I would humbly request you to share your opinion and ideas for the people who are in the same boat as me.

Thanking you in advance and my sincere appreciation !!

Best regards
Waitforgc123
 
You completed 6 yrs on H1 and not filed I-485. How can you transfer the H1.
I am in the same situation.

Unless you pass the 6 months after filing 485, you cannot change the employer.

Another employer can sponsor ur GC and you can join them when you get EAD.

This is only what I know but check with ur lawyer if there's anyway around.
 
I'm in the same situation.

I have a concall tomorrow with the immigration lawyer. But looks like I can't transfer H1B now since I'm on my 7th year H1B and not yet filed I-485. I was under the impression that I can change H1B, start a EB2 labor, I-140 and port old PD (Feb 03). But the first impression I got after talking to lawyer is its not possible. I'm gonna attend a concall tomorrow. May have more details after that. But I'm worried, its going to be the same thing.
 
You can shift the job and H1. As long as you have the copy of 140 approval, the PD is yours to keep for life.Even if company A cancels 140, the PD is yours(Only exception is 140 being revoked by USCIS based on fraud)

Change your job to B and start new LC. WHile applying for 140 , ask them to cliam the OLD pd

Consult a lawyer
 
MADANST said:
You can shift the job and H1. As long as you have the copy of 140 approval, the PD is yours to keep for life.Even if company A cancels 140, the PD is yours(Only exception is 140 being revoked by USCIS based on fraud)

Not Correct for retaining PD if revoked by employer. Only exception is 180 days after I-485 filed and I-140 approved and using AC21.

Change your job to B and start new LC. WHile applying for 140 , ask them to cliam the OLD pd

Consult a lawyer
Click to expand...
 
I was in the same situation and consulted a lawyer in sheela murthy's firm.
This is what he told me

1. If my current employer cancels the I -140 prior to me getting the approved H1 from client company I could lose my H1 visa.

2. I can transfer my priority date only if the current company does not revoke my I -140 till my new company files get the I-140

I am not sure if all of this is accurate but this is the information that was conveyed to me.
 
Guys
I have an approved labor and I-140 EB3 and I have an internal transfer offer from the same company but in a completely different role can I leverage that to make it an EB2 but keep my EB3 PD? Will there be an issue with change in job role?

I have no issues going through PERM again but its important for me to keep the PD and move to EB2.

Thanks
 
I asked this question to Rajiv during one of the conference calls. As per Rajiv,

1. You can retain the priority date even if the current company cancels the I-140 .

2. You can transfer EB3 priority date to an EB2 green card application with the new company and the job can be different
 
Clear as mud that clears all the confusion. Granted the law says if it was not revoked by previous employer etc....but if this is what an experienced attorney is able to say through real life experience then we can understand how USCIS is percieving this scenario.

However if the case goes to INS judge the scenario could be much different.

willy_gc said:
I asked this question to Rajiv during one of the conference calls. As per Rajiv,

1. You can retain the priority date even if the current company cancels the I-140 .

2. You can transfer EB3 priority date to an EB2 green card application with the new company and the job can be different
Click to expand...
 
I think some of the postings in other forums state the same as what you did.

willy_gc said:
I asked this question to Rajiv during one of the conference calls. As per Rajiv,

1. You can retain the priority date even if the current company cancels the I-140 .

2. You can transfer EB3 priority date to an EB2 green card application with the new company and the job can be different
Click to expand...
 
Retaining I-140

I talked to my lawyer regarding this last week and she said that once you have 140 approved, the priority date is for you to keep for LIFE.

So, you can change to any company and once you get your labor approved, you can apply for 140 using the old priority date.

Hope this helps.
Mark
 
Employer revoking 140

Why would an employer revoke an approved 140? Are there any legal reasons why he should revoke 140.

Thanks

Kopguy
 
kopguy said:
Why would an employer revoke an approved 140? Are there any legal reasons why he should revoke 140.

Thanks

Kopguy
Click to expand...

Some big companies go through the process and just revoke the 140. I guess one just needs to send a letter.

The consulting companies on the other hand, would not revoke the 140 but may (or rather, will) sell/loan your labor to another person. I am not sure what the impact would be in this scenario if you were to request date porting. My guess is that you would still get the date on your I140...but who knows...
 
What about the H1B status?

pkpkpkpk said:
Some big companies go through the process and just revoke the 140. I guess one just needs to send a letter.

The consulting companies on the other hand, would not revoke the 140 but may (or rather, will) sell/loan your labor to another person. I am not sure what the impact would be in this scenario if you were to request date porting. My guess is that you would still get the date on your I140...but who knows...
Click to expand...

What about the H1B stuatus if one changes job to the new company and the old compnay cancels his I-140. Will I be out of status? Is any there in the book that supports this? My new company lawyer says I will be out of status, so my H1B transfer is not valid if I change to new company. Is that true. If not can you point me to the link, I want the shut that buggers mouth.
 
LaborSeekar said:
What about the H1B stuatus if one changes job to the new company and the old compnay cancels his I-140. Will I be out of status? Is any there in the book that supports this? My new company lawyer says I will be out of status, so my H1B transfer is not valid if I change to new company. Is that true. If not can you point me to the link, I want the shut that buggers mouth.
Click to expand...

I am trying to get a conclusive answer myself.
http://www.immigrationportal.com/showthread.php?t=241807

I have started this topic as a seperate thread and am hoping to get some responses from knowledgeable members.
 
here is the link I got from another post that I had on another thread. It can be done and you can keep PD whether its the same job in different company or different job same company

http://www.murthy.com/news/n_analys.html

Yes you have to go through LC and I-140 again but you can retain PD if you reference the old one
 
Thanks Srini for your reply.

Now, you state "Yes you have to go through LC and I-140 again but you can retain PD if you reference the old one"

Is your statement valid if any of the following scenarios were to occur:
1) My current employer substitutes my labor for another guy since I left the job
2) My current employer for some reason, decides to cancel the I140 before my new I140 can get approved.

To clarify, will the mere copy/original of the I140 allow me to request the date porting or will USCIS check for the validity of the I140 on that particular date?
 
1) Not sure on substitution but I dont see why not but I am not an expert on that part.
2) I have seen several posts saying cancellation of I-140 will not causes isssues quoting threads from Rajiv Khanna unless there is evidence of fraud. However that would then also reflect badly on the company who initially filed it for you. But one can never rule out how USCIS views such a thing. I guess I am not 100% sure just going by the posts
 
same answer i got from another lawer as in point 2(as per user willy gc) . you can retain old pd, does'nt matter eb3 or eb2.so that is good you can retain eb3 pd for eb2 .....that way get gc fast....
 
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