I-140 and how soon I can shift the employer...

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H1Advice

Registered Users (C)
Hello,

I posted this on another forum but had not received any response. So, posting it here too. Please some one help me.

Here is the situation.

My employer applied for my I-140 and EAD at the same time in 2007. Although I got my EAD immediately, my I-140 did not get approved till Feb of this year. I was wondering if it is ok to shift employers now? Or should I have to wait for a certain period of time? If so, what is the wait time?

Please advice.

Thanks
H1Advice
 
H1Advice said:
Hello,

I posted this on another forum but had not received any response. So, posting it here too. Please some one help me.

Here is the situation.

My employer applied for my I-140 and EAD at the same time in 2007. Although I got my EAD immediately, my I-140 did not get approved till Feb of this year. I was wondering if it is ok to shift employers now? Or should I have to wait for a certain period of time? If so, what is the wait time?

Please advice.

Thanks
H1Advice
Click to expand...

One can move after I-140 gets approved and I-485 pending more than 180 days. Read AC21 threads.
 
So, you are saying is that I can shift my employer now without any issues?

I did read through the AC-21 threads but most of the questions that were posted had I-140 approved prior to getting EAD. I got my I-140 this year and my EAD in 2007. That is why I wanted to know if I still can invoke AC-21 and shift employer?

Thanks for the quick response. Could you please clarify this too? Pardon my ignorance.
 
H1Advice said:
So, you are saying is that I can shift my employer now without any issues?

I did read through the AC-21 threads but most of the questions that were posted had I-140 approved prior to getting EAD.

I got my I-140 this year and my EAD in 2007. That is why I wanted to know if I still can invoke AC-21 and shift employer?

Thanks for the quick response. Could you please clarify this too? Pardon my ignorance.
Click to expand...
It does not matter of one got EAD before or after I-140 approval. Getting EAD does not make one eligible for AC21. For AC21 you need I-140 approved AND I-485 pending more than 180 days. If your I-140 is approved now and your I-485 is pending more than 180 days that makes you eligible for AC21.

** before you join new employer ask if they will give you Permanent job offer letter with same/similar job duties so that you can make a request to USCIS to invoke Ac21 with your pending I-485.
** It is not advised at this time to jump just for few $ more look for stable job and compare your present employer and new employer for the safety of job.
 
Thank you so much. That makes a lot of sense now! These questions are on behalf of my friend. Here are a few he is asking:

One more question: I have a valid H1B (My 6th year to start next month). If I move my employer, can I just change my H1B with the new employer, transfer EAD and I-140 using AC21 application and still work on H1B for now? My wife is here on H4, I do not want her to go out of status since her I-485 is not applied yet.

Also I want to know that when I change the employer and transfer EAD and I-140, will I still be able to retain the original priority date? Or will the priority date change?

Yes, the offer is a Permanent Job Offer, that is why thinking so much. I will make sure to let him know to ask about the offer letter with the similar job responsibilities and duties.

Thank you so much for your help so far. I appreciate if you can answer these few questions too.
 
Just transfer H1 to a new employer. All the GC process remains the same including priority date.
 
H1Advice said:
Thank you so much. That makes a lot of sense now! These questions are on behalf of my friend.
Here are a few he is asking:
-----------------Why"He" cant ask directly????
One more question: I have a valid H1B (My 6th year to start next month). If I move my employer, can I just change my H1B with the new employer, transfer EAD and I-140 using AC21 application and still work on H1B for now?
My wife is here on H4, I do not want her to go out of status since her I-485 is not applied yet.
-------------remain on H1 status and file her H4 extension before her I-94. gets expired.

Also I want to know that when I change the employer and transfer EAD and I-140, will I still be able to retain the original priority date? Or will the priority date change?
-----------------------EAD belongs to YOU not to employer A or B. you will retain the same PD.
Yes, the offer is a Permanent Job Offer, that is why thinking so much. I will make sure to let him know to ask about the offer letter with the similar job responsibilities and duties.

Thank you so much for your help so far. I appreciate if you can answer these few questions too.
Click to expand...

let new employer file for your H1 transfer and once get H1 filing reciept or evidence of H1 petition reched USCIS join new emplolyer. you can also file H4 of your wife with your H1 papers (it is NOT must) . If your wife has her H4 based I-94 valid more than 6 months then she can file H4 extension later. your new employer/lawyer can file for H1 transfer and H1 extension for 3 years at same time and you can also file your wife papers. ask new company lawyer.
 
ginnu said:
let new employer file for your H1 transfer and once get H1 filing reciept or evidence of H1 petition reched USCIS join new emplolyer. you can also file H4 of your wife with your H1 papers (it is NOT must) . If your wife has her H4 based I-94 valid more than 6 months then she can file H4 extension later. your new employer/lawyer can file for H1 transfer and H1 extension for 3 years at same time and you can also file your wife papers. ask new company lawyer.
Click to expand...

Hi,

He and I use the same Id to pose questions here. Just to make things clear I always mention if the questions are his.

Thanks for the elaborate answers. This helps very much. :)
 
ginnu said:
let new employer file for your H1 transfer and once get H1 filing reciept or evidence of H1 petition reched USCIS join new emplolyer. you can also file H4 of your wife with your H1 papers (it is NOT must) . If your wife has her H4 based I-94 valid more than 6 months then she can file H4 extension later. your new employer/lawyer can file for H1 transfer and H1 extension for 3 years at same time and you can also file your wife papers. ask new company lawyer.
Click to expand...

In response to your response that EAD belongs to me and not my employer:

Would the same apply for I-140? Would the new employer have to apply for a new I-140 after he changes to their payroll?

Just making sure that I-140, EAD and Priority Date all will remain same if he changes his employer and stays on his H1 with the new employer. Apologize for so many questions. I really appreciate your time.
 
H1Advice said:
In response to your response that EAD belongs to me and not my employer:
---------------------EAD and AP are based on your Pending I-485 petition.

Would the same apply for I-140?
---------------NO, I-140 belongs to Employer who filed I-140.

Would the new employer have to apply for a new I-140 after he changes to their payroll?
--------------NO
Just making sure that I-140, EAD and Priority Date all will remain same if he changes his employer and stays on his H1 with the new employer. Apologize for so many questions. I really appreciate your time.
Click to expand...
----------------
 
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