J1 waiver - what next?

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nephdoc2003

Registered Users (C)
Hi,

I will be completing my J1 waiver next year. I have an I-140 approved for an NIW and I-140 pending based on LC. I-485 not filed as I am from India. What are my options once the waiver is completed? If I change my job, do I have to do the LC and I-140 all over?

Thanks. Any information will be useful.
 
Job Change

I will be writing from what little I know and have read but please do not take this for 100% certain, please consult a good lawyer for planning purposes.

Since you have not filed the 485 (and you currenltly cannot as you are from India) your options are somewhat limited.

If you change jobs your current LC based 140 could still be valid since it is based on a future job offer, however you will need staunch support from your current employer, and since you did a J1 waiver and you are thinking of leaving, I suspect that is not going to happen.

If you wish to start the process all over again with a new employer then there are mixed reports on whether you could retain the priority date if the previous employer cancels the 140. Some lawyers say once approved it is yours and others say the priority date can be substituted for a future 140 only if it is left standing when you request the transfer. However one good thing is nowadays you could get to the 140 completed stage very quickly with PERM and EB2 140 premium processing available. Technically you could do that PRIOR to leaving your current employer by working that out with your FUTURE employer.

If you move to a new job you will still have to maintain legal employment visa (most likely H1b status) and hence depend on your new employer to do that for you.

In regards to the NIW 140, of course you would have to continue to fulfil the terms of your 5yr obligation in HPSA/MUA for it to remain valid. Again you would still have to stay in H1b status as you have not filed the 485. I hope you self petitioned for the NIW140, if you did, I guess you could try to transfer even that PD to a future 140(but not too sure). You might also have to consider which of those Priority dates is earlier(NIW or LC based 140).

All in all quite a messy situation with a potential minefield all around. I guess it depends on how bad your job is and what your risk tolerance is in the situation.
 
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My 2 cents:
Your current LC based I140 will expire if you change job before I485 filing. This is becoz it is employer specific. On the other hand, you can have your new employer file for perm/I140 even before you start work. This will probably take 3-4 months. I think you "MAY" be able to retain the priority date from your current LC based I140 if your job description remains same. If this is the case you dont have much to loose by changing jobs. See what your attorney says.
For NIW I140, new job should be in HPSA/MUA and probably will need letter from local health dept.
If current employer is not a slave driver, I think its best to stay with him for 180 days post I485 filing. Then AC21 kicks in and u can change jobs more easily.
 
Thanks posmd and docboston. I think you bring up valid arguments to stay the course if possible. One issue that needs to be clarified is if the I-140 becomes invalid after you switch the job or can be made invalid by the employer.
 
LC based I140 is employer specific, so if u change employer, u will need a new I140. However, as I said, u many be able to retain the priority date of previous one.
 
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