I140 portability issues for a 6th year H1B

[1234qwer]

Folks,

I am on H1B visa, which expires on Jul 01, 2007. My company is filing for a Greencard application for me and has confirmed that it will file the labor application through PERM in February 2006.

I had a few questions to better understand my ability to switch jobs once the green card process has been started.

1) Given that my H1B visa expires on July 01, 2007, is it correct that for any further visa extensions, I should have an employer file a labor application for green card processing for me by July 01, 2006? If my employer files for my labor certificate later (e.g. in Jan 2007) but gets my I140 approved before Jun 2007, would that mean that I could reside in U.S. legally and file for an H1B extension?

2) Is it correct that I can switch jobs only after 180 days of filing I485? Are their any special provisions which allow me to switch jobs if I have an approved I140? I have heard something around "if employee is on good terms with previous employer" his I140 is portable and the new company does not need to file for the labor and I140 again. Is that right?

3) Lastly, is it possible for me to get my H1B extended by three years through my current employer once my H1B and I140 have been approved. After this H1B extension, if laid off, would it be possible for me to switch jobs and ask my new employer to refile green card for me immediately?

Will be very grateful if you could help me understand these issues.

yours 1234qwer
ps: Should this question have been asked in some other place on this website, please direct me to the link

 

[nelsona]

1. No. You must have the PERM filed by July 1, 2006 to be eligible for H1 extension on July 1, 2007. I-140 approval does not replace this condition. WQhat I-140 approval does however, is allow you to get a THREE-year extension instead of 1-year extensions.

2. Technically, you must have an I-140 approved, as well as the I-485 pending 180 days, before trying to transfer. The Yates memo has indicated that there may be situations where USCIS can be 'forced' to approve the I-140 and thereby making you eligible for AC21 provisions, but this is not a regulations and should not be relied on.

3. the 3-year h1 would be permissable with an approved i-140.
However, The need for your new employer to "immediately" file a petition for your GC is not required. You HAVE a valid I-485 -- that is your GC petition.
They would merely present supporting documents to indicate that they will assume sponsorship. This does not have to be done at the moment of being hired, although it is becoming good practice to do so.

 

[1234qwer]

thanks

very useful comments agn -- thanks very much

would love to hear comments from other gurus as well

regards
1234qwer

 

[newbies]

very useful comments agn -- thanks very much

would love to hear comments from other gurus as well

regards
1234qwer

Are you in the retro country?
If yes, this is a big big risky for you to switch employer even your I140 got approved.

If no, you should wish that the PERM will be approved before the EB2 for worldwide gets cut-off date. If you are lucky, 180 days rule can be used for your case.

 

[TheRealCanadian]

Are you in the retro country? If yes, this is a big big risky for you to switch employer even your I140 got approved.

If the I-140 is approved and the I-485 is pending for over 180 days, then AC21 portability is pretty safe. There is NO additional risk involved if your PD is not current.