Job Change after I140

R

rickys_in

Registered Users (C)
I have read many places saying , you can switch jobs after I140 approval and start GC Process all over again and can retain priority date.

Did any body do this or know some body who has done this. ?
I am in my 6th year of H1 and I got my I140 approved . I am in EB2 PD Jan 06 . Thinking of changing jobs .

Any risks involved in this ?
 
Simple. Attorney was paid by the employer. His fiduciary duty is towards the employer, not the employee. He'll make sure that employee remains ensnared in GC mess as long as possible. Consult independent experts instead.
 
Risky

You can retain priority date only if your employer does not revoke your I-140. He can very well revoke your I-140 and re-use your labor for somebody else (thru labor substitute). So it is advisable to stick to your employer atleast until you get your EAD or until 180 days are passed after filling I-485.




rickys_in said:
I have read many places saying , you can switch jobs after I140 approval and start GC Process all over again and can retain priority date.

Did any body do this or know some body who has done this. ?
I am in my 6th year of H1 and I got my I140 approved . I am in EB2 PD Jan 06 . Thinking of changing jobs .

Any risks involved in this ?
Click to expand...
 
is it ok for the employer to revoke I-140? What is involved in this? I mean the employer can't just go to the cis and petition (I-140) to allow the employee to apply for GC and then go back to them after certain period of time and petition that the employee should not be allowed to do this any more.

Further if an employee is stuck in retro and another employee (fron non-retro region ) is available to the employer, the employer can do the same thing and sub labor for the non-retro employee.

gc212 said:
You can retain priority date only if your employer does not revoke your I-140. He can very well revoke your I-140 and re-use your labor for somebody else (thru labor substitute). So it is advisable to stick to your employer atleast until you get your EAD or until 180 days are passed after filling I-485.
Click to expand...
 
tusharvk said:
is it ok for the employer to revoke I-140? What is involved in this? I mean the employer can't just go to the cis and petition (I-140) to allow the employee to apply for GC and then go back to them after certain period of time and petition that the employee should not be allowed to do this any more.

Further if an employee is stuck in retro and another employee (fron non-retro region ) is available to the employer, the employer can do the same thing and sub labor for the non-retro employee.
Click to expand...

As GC is employment based, to revoke is just have to notify USCIS that the concern employee is not his employee anymore. Instead he has another employee for same job description as per labor and will file I-140 for new employee.

As far as GC for retro and non-retro employee is concern, I believe everybody knows that employee will leave the company as soon as he gets his GC. Meaning, sooner the employee gets the GC sooner he leaves the company. Employer will not gain anything in favoring the GC processing for non-retro candidate.
 
get layed off after 140 approval

If one is in the 7th year of H1 and gets layed off after 140 approval. What are the choices ?
1)Can he still work with another employer and refile Labor & H1B
2)Will his old priority date be retained ?
3)OR need to go back to India for 1 year to reset the H1B.
 
pchawla3 said:
If one is in the 7th year of H1 and gets layed off after 140 approval. What are the choices ?
Transfer H1 (even during 7th year) to new employer and pursue a new labor process hoping that the employer who layed off does not withdraw the approved 140
1)Can he still work with another employer and refile Labor & H1B
yes, see the comment above
2)Will his old priority date be retained ?
Retaining priority is a very grey area. Without going into many complications involved you can assume PD is reatined as long as the prev employer doesn't revoke 140 & substitute the labor for someone else
3)OR need to go back to India for 1 year to reset the H1B.
This is an option but I doubt if this is what you are looking for unless there are no other ways
Click to expand...
 
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