Job Change after I-140 approval

R

ranga99

New Member
Hi All,

My 6th year on H1 will be completed in Mar 2006. I got my labor certification and I-140 approved and didn't apply for I-485 because of retrogression. As my I-140 is approved, I applied for 3 year extension. The following are the few things I want clarify with you gurus:

1) Can I change the employer after I get my 3 year extension on H1 ?

2) If I change the employer and If I transfer my H1, Will I get 3 years on my H1 based on 140 approval?

3) After switching to new employer, if I start the GC process all over again, can I keep my old priority date?

I really appreciate your valuable inputs because it helps me in deciding my career. Please post your comments.

Thanks,
Sai Ranga.
 
HI
Please clarify the below from an experienced attorney, but based on my experience the answer is as below:

Assuming that you ct. employer will not revoke/adandon your GC and continue yuour GC process since it is for the future job your GC should be ok and get it through your ct employer

1)Yes, you can change employer after getting 3 yr extension and quote the approved I-140 process during the transfer to get the remaining 3 yr extension.
2)Yes, since the GC is still in progress.
3)Yes, you could retain the old PD provided your employer doesn't revoke/abandon the approved I-140 case and you should have copies/original of LCA, I-140 approved to show that as the proof.
 
copies or original ??

rrajendr said:
HI
Please clarify the below from an experienced attorney, but based on my experience the answer is as below:

Assuming that you ct. employer will not revoke/adandon your GC and continue yuour GC process since it is for the future job your GC should be ok and get it through your ct employer

1)Yes, you can change employer after getting 3 yr extension and quote the approved I-140 process during the transfer to get the remaining 3 yr extension.
2)Yes, since the GC is still in progress.
3)Yes, you could retain the old PD provided your employer doesn't revoke/abandon the approved I-140 case and you should have copies/original of LCA, I-140 approved to show that as the proof.
Click to expand...
 
But is'nt purely at current employer's discretion?

I believe that one should hold on till he is able to use AC 21.

At any time after switching, if the initial employer decides to cancel the 140, I believe all is lost.

Am I correct in this assumption?

Thanks!!!
 
Is it upto Current Employer?

If current employer cancel the I-140, do we lose everything? Then it is risky. Can some one share your ideas on this please.

Thanks,
Sai
 
yes, if you current I-140 approved employer cancels it then you can't renew your H1B for 3 more years and you have to start the GC from the start and you loose your old PD as well.
 
you have to make sure your current employer won't revoke your I-140 or substitiute your labor to his new worker. Otherwise, you'll lost your pd so your H-1b extension on 3 years. I am even not sure if you can extend your h-1b any more.
 
"6 months after 140 approval, 140 belongs to employee" -- IS this correct?

I also heard one interpretation that:

6 months after the 140 is approved, the 140 now belongs solely to the employee and the employer has no authority to cancel it.

Will the gurus let me know if this statement is accurate?

Thanks!!
 
pkpkpkpk said:
I also heard one interpretation that:

6 months after the 140 is approved, the 140 now belongs solely to the employee and the employer has no authority to cancel it.

Will the gurus let me know if this statement is accurate?

Thanks!!
Click to expand...

You are confusing AC21 with approved I140. Employee is free if he/she files 485 and atleast 6 months have passed and then change job in the same category only.
 
How about if the labor and I-140 are approved , I-485 is pending because of retrogression ( EB3 ) and we find a similar position in a senior role in the same state ? The H1 B will be transferred but can the GC process also be taken over by the new employer ? i.e the new employer will file only the pending 485 ?

Please advise.
 
BrainDrain said:
How about if the labor and I-140 are approved , I-485 is pending because of retrogression ( EB3 ) and we find a similar position in a senior role in the same state ? The H1 B will be transferred but can the GC process also be taken over by the new employer ? i.e the new employer will file only the pending 485 ?

Please advise.
Click to expand...
I485 is your petition. Employer can not withdraw it.
If you passed 180 days after I485 filing, you can continue. If I140 is revoked before that, your new employer has to file LC, and then I140.
 
Last edited by a moderator:
Are you sure that the new employer cannot take over the GC process as being continued ? I thought we are allowed to take up a similar job without losing the GC process.



GotPR? said:
If new employer will be sponsor, they have to file LC, then I140.
LC and I140 belong to sponsor company.
Click to expand...
 
BrainDrain said:
Are you sure that the new employer cannot take over the GC process as being continued ? I thought we are allowed to take up a similar job without losing the GC process.
Click to expand...

Yes but the magic time period of 6 months must pass after filing 485.
 
BrainDrain said:
Are you sure that the new employer cannot take over the GC process as being continued ? I thought we are allowed to take up a similar job without losing the GC process.
Click to expand...

That is why I said if your I485 is more than 180 days old, you can.
 
Gogol75 said:
In certain circumstances (like lay offs or employer going out of business), AC21 can be used even when the employee gets another job before 180 days have passed since I-485 filing.
Click to expand...

Word of AC21 does not say one must be employed during first 180 days to invoke AC21. Just unadjudicated I485 more than 180 days is only criteria.
However, you can not declare AC21 before reaching 180 days.
 
This is a gray area

This is a gray area. I know friends that dealt with this situation...different lawyers say different things...Just do it...you get laid off then you get another job that's all...if they need more info then you provide more info... ;)
 
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