I140 Approved and New Employer initiating PERM process after 18-24months

practicalEngr

New Member
Hi,

I have Approved I-140 (18months old) from my current employer. I am planning to change my job now and my Hire date recorded on file will be Feb 2022.
My current H1B Visa is valid for next 24 months till Jan 2024.

New Employer timeline for Initiating PERM process is after 18 months of hiring. (around Aug 2023). Will this cause any problems to my Approved I-140 if New Employer initiating PERM after 18 months of my hire date?

Please help and let me know if any questions
 
Adding another question related to this topic. I have approved i140 under eb2 from employer A with more than 180 days . Priority date - 2019 . Moved to employer B . They will be starting new i140 in 2022 .

Question - job code and duties are different from employer A to employer B . Earlier i140 has sales engineer but new job position with employer B h1b is under job code 15-1199 / Sr Business analyst . Will there be a problem in porting priority date since job codes and responsibilities are different? Is there any way to port this date ? What are the options ?
 
New Employer timeline for Initiating PERM process is after 18 months of hiring. (around Aug 2023). Will this cause any problems to my Approved I-140 if New Employer initiating PERM after 18 months of my hire date?
No. Your new employer's actions, or inactions, have no effect on the I-140 filed by your old employer.
 
Adding another question related to this topic. I have approved i140 under eb2 from employer A with more than 180 days . Priority date - 2019 . Moved to employer B . They will be starting new i140 in 2022 .

Question - job code and duties are different from employer A to employer B . Earlier i140 has sales engineer but new job position with employer B h1b is under job code 15-1199 / Sr Business analyst . Will there be a problem in porting priority date since job codes and responsibilities are different? Is there any way to port this date ? What are the options ?
An I-140 automatically receives the earliest priority date of all approved I-140s of which you are the beneficiary, except in cases of revocation for fraud, misrepresentation, or material error.

There is no requirement that the I-140s must have been for similar jobs.
 
Hi ,

I got my i140 approved with my current employer. My current approved i797 is valid till next 8 months to be 6 years max out.

Now I want to change my employer on 180 days complete post approval of my i140.

Since my i797 is valid more than 180 days I don't want my current employer to file H1B extension , instead I want my new employer to file H1B transfer/ extension based on approved i140.

My question is in this case is there any restriction?

I hear from someone that after i140 approved , my current employer who hold my approved i140 need to apply for H1B extension first time after that only new employer can transfer.

Appreciate help on this question.
 
Top