Considerations pertaining to I-140 portability while pursuing better career opportunities

#1
I have approved I-140. It has been more than 180 days after approval. I am thinking of pursuing better career opportunities. I have following questions in that context:

1) If I change employer, should the new employer start my GC process by filing PERM in 6 months or 1 year?
In other words, is there any time limit for the new employer to start my GC process by filing PERM to retain my priority date?

2) If answer to Q1 is no then can I get multiple visa extensions on old I-140?

3) If answer to Q1 is no then is there any particular event when new employer is required start the GC process? For example, when my PD becomes current.

4) Should the new job be in same or similar category?
 
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whitemimauz3

Registered Users (C)
#2
The basic idea is permanent job offer
If you change your employer after 180 days of I-140 approval you can avail benefit of AC21 i.e. extending H-1B beyond 6 years.
Now the question is if you quit your current employer obviously they will withdraw job offer in majority of circumstances, in that case you are required to get new permanent job offer from new employer who in turn will file labor certification & I-140. In this journey you are afforded the privilege of oldest filing priority date i.e. the filing of labor certification associated with earliest file case and at time when priority date is current you are required to have an I-140 petition approval to file I-485
 
#3
Thanks for responding...

Now there is practically several decades of wait for EB2 India. If the new employer does not file GC in the granted extension timeframe, can he file for another extension based on same old I-140?

Does the new job have to be in same or similar category of the old perm?
 
#4
You said “You are required to have I-140 approval from new employer to file I-485” which is correct as in this is basic requirement to file I-485. What are the options available if the new employer has not filed GC petition for me until that time?

For example say new employer has promised to file GC after working with him for 2 years and my PD gets current in 1 and half years.
 

whitemimauz3

Registered Users (C)
#5
Yes, with new AC21 rules even if employer withdraws I-140 after 180 days of it is approval it would have no impact & employee could continue to use this I-140 approval to get additional H-1B's beyond 6 years, BUT new employer needs to file new labor certification & I-140 and of course you will port earliest filed priority date.
You need to have I-140 approval at time when priority date is current to file I-485.
 
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