Changing Jobs - H1B 3 year extension

[jerrygarg]

Hi,

I have recently received I-140 approval. Based on that, I have extended my H1B for another 3 years as I recently completed 6 years on H1B.

1) During these 3 years, can I change jobs?

2) I do not have a copy of the approved I-140. Will that be a problem?

3) Can my new employer start a fresh Green Card - without porting Priority Date?

Thanks

 

[ginnu]

Hi,

I have recently received I-140 approval. Based on that, I have extended my H1B for another 3 years as I recently completed 6 years on H1B.

1) During these 3 years, can I change jobs?
--------------- You can. But if the Employer revoke the I-140 then new employer has to start from new LC then I-140.
2) I do not have a copy of the approved I-140. Will that be a problem?
-------------- if possible get the I-140 receipt copy or I-140 approval notice so that you can recapture PD of that I-140 when second employer file I-140 for you.
3) Can my new employer start a fresh Green Card - without porting Priority Date?
------------------ Yes. Why not to port the early PD as I-140 is approved for you?
Thanks

---------------

 

[jerrygarg]

Thanks for the response.

I may not be able to get a copy of I-140 approval notice / I-140 Receipt Notice. My employer is not willing to share that with me.

Please confirm if my understanding is correct:

My new H1B extension (3 years) is like a regular H1B. I can change jobs during these 3 years. My new employer can file a fresh Green Card (Labor etc) and I can still get further extensions of H1B based on the new Labor / I-140. This way I am not dependent on my current employer and/or my current I-140.

Thanks

 

[ginnu]

Thanks for the response.

I may not be able to get a copy of I-140 approval notice / I-140 Receipt Notice. My employer is not willing to share that with me.
--------I-140 is Employer Petition and many don't share but if you have good relations they give the Copy. I think your employer has the info that you will change employer

Please confirm if my understanding is correct:

My new H1B extension (3 years) is like a regular H1B. I can change jobs during these 3 years.
----You Can
My new employer can file a fresh Green Card (Labor etc) and I can still get further extensions of H1B based on the new Labor / I-140.
---- your new employer can file new LC and then I-140 but you will be eligible to file H1 extensions only if your LC is pending more than 1 year or I-140 gets approved.

This way I am not dependent on my current employer and/or my current I-140.
---- That is correct But it will take looong time to get GC if new LC is filed then I-140. if you are from India or China it will take long time.
Thanks

Let me know country of your birth, your I-140 is EB2 or Eb3?
your PD? (the date LC was filed)

 

[jerrygarg]

Thanks for your clear and concise response. I will definitely try to get the copy of I-140 approval notice from my employer.

Country of Birth: INDIA
I-140: EB2
Priority Date: Jan 2009

 

[ginnu]

Thanks for your clear and concise response. I will definitely try to get the copy of I-140 approval notice from my employer.
----------Get the Copy of I-140 and keep it with you. at the time of second I-140 filing request the lawyer to recapture early PD of 2009.
Country of Birth: INDIA
I-140: EB2
Priority Date: Jan 2009

I don't know the reason why you want to change employer at this time. FYI according to December Visa bulletin the EB2 for India current PD is 08MAY06 and it may take time PD for EB2 India to become current. If you can stick to present employer then can file I-485 when PD is current and after 180 days of Pending I-485 you will be eligible for AC21 and can change employer.You don't know if new employer will file EB3 or EB2 LC as many prefer to file EB3(even if you are qualified for EB2). Before moving to new employer clear all the matter and dont join before your H1 transfer gets approved and request new employer to file H1 transfer with premium processing so that you get the result in 20-25 days from the date new Employer H1 petition reach USCIS.