Changing jobs

H

Hexamon

Registered Users (C)
Here's my situation: I'm on 7-th year of H1b, I have a regular LC application pending from May, 2002 and I recently had PERM LC approved. Category - EB3. I also have another PERM LC filed in EB-2 category.

There's a possibility my company might get sold and development projects might get shut down, so, it might happen that in 6 months from now I'm looking for a new job. In light of these developments, I've several questions:

1. If I've a labor certification pending for over 3 years in company A, can I get H1B visa transfer (which is also an extension over 6 year limit) in company B?

2. If I've an approved I-140 in company A, can I change jobs? Either by filing for H1B transfer (extension over 6 year limit) or some other "rule"? (I've heard something about getting 3 year extension on H1b if I-140 is approved).

You help is greatly appreciated.

thanks,
 
Based on the PERM that just got approved, you should file for I140 rightaway. Once your I140 gets approved (these days the approvals are really fast), you can apply for a 3 year extension on your H1B. After you get the 3 year extension, you can transfer your H1 to a newer employer. But, once you join the new employer, you will need to file PERM afresh, though you will be able to use the priority date from your previously approved I 140.
 
Thanks creative10, this is very helpful. One more thing, once I-140 gets approved, I should be able to file for another I-140 (in case LC in EB-2 category gets approved), right?
 
BTW, after some research, it seems that 3 year extension might not be avaliable for all. In particular, it might only be avaliable for China and India. As for the worldwide retrogression affectees, USCIS seems to be taking an aggressive stand and not providing the 3 year extention. :(
 
That is correct. Based on your EB2 approval, you should be able to file another I 140, but you will be able to use the priority date of the previously approved I 140.
 
Help Needed for changing Jobs

Gurus,
My LC got approved under PERM and my I-140 was applied. If I change jobs after I-140 Approval , I retain the PD. I heard that to the apply the PD to file under PERM again, the job description should exactly match. I am in the IT industry and as many of you are aware , if I use more then the specified job descrption and if it mentiond in the PERM application. IS there going to be any impact on the PERM LC Application. Will this PERM be faster then before as I had already Applied once and got approved.

Any comments

Thanks :confused:
 
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