LC & I140 Approved . can i change my employer

[lax4u]

I got my LC & I140 approved. & i still have 1 year left on my H1. Can i change my employer along with LC & I140. I mean do they carry forward to new employer or do i have to start from the scratch again? Please advice or point me to some direction where i can get more information.

 

[kkyy]

I got my LC & I140 approved. & i still have 1 year left on my H1. Can i change my employer along with LC & I140. I mean do they carry forward to new employer or do i have to start from the scratch again? Please advice or point me to some direction where i can get more information.

From what i know you can change employer and carry over your priority date to the new compamny. You will have to start your GC application again. Also, keep in mind if the old company void your I-140 you will lose your PD. Anybody, correct me if i'm wrong.

Also, a side question that might be related to this case.

Can the future employer sponsor the H1B or it has to be sponsor by the Old employer in order to change job? Thanks

 

[manwithnoname]

From what i know you can change employer and carry over your priority date to the new compamny. You will have to start your GC application again. Also, keep in mind if the old company void your I-140 you will lose your PD. Anybody, correct me if i'm wrong.

Also, a side question that might be related to this case.

Can the future employer sponsor the H1B or it has to be sponsor by the Old employer in order to change job? Thanks

From this link, it appears that the future employer may initiate the H-1B extension based on the already approved LC and I-140.

 

[kevinJames]

you can switch employer in 6,7,8,9th year of H1

Couple of guys I know have switched their employers in 7th and 8th year, they were exactly in similar situation as yours.. Both have them got 3 years H1 ext based on approved 140. You would have to start your Labor+140 again from new employer but you can keep your earlier PD irrespective of whether previous employer REVOKES your 140 or NOT.
- Kev.

From what i know you can change employer and carry over your priority date to the new compamny. You will have to start your GC application again. Also, keep in mind if the old company void your I-140 you will lose your PD. Anybody, correct me if i'm wrong.

Also, a side question that might be related to this case.

Can the future employer sponsor the H1B or it has to be sponsor by the Old employer in order to change job? Thanks

 

[prman]

Couple of guys I know have switched their employers in 7th and 8th year, they were exactly in similar situation as yours.. Both have them got 3 years H1 ext based on approved 140. You would have to start your Labor+140 again from new employer but you can keep your earlier PD irrespective of whether previous employer REVOKES your 140 or NOT.
- Kev.

KevinJames, I know that you need to start Labor and 140 again if joined new company, Is it true that you can keep your PD irrespective of whether previous employer REVOKES your 140 or Not. Many people are in the same dilemma about this including me.

Thanks

 

[gc_maze]

Is employer B I 140 needed for 3yr extension?

Hi KevinJames,

The guys you mentioned below, does it mean that perm and I 140 with Employer B was not all filed and still they got 3yr extension based on I 140 approved from Employer A?
Did they file for 3yr extension along with H1B transfer?

Thanks in advance,
Regards,
gc_maze

Couple of guys I know have switched their employers in 7th and 8th year, they were exactly in similar situation as yours.. Both have them got 3 years H1 ext based on approved 140. You would have to start your Labor+140 again from new employer but you can keep your earlier PD irrespective of whether previous employer REVOKES your 140 or NOT.
- Kev.

 

[bharatpremi]

KevinJames, I know that you need to start Labor and 140 again if joined new company, Is it true that you can keep your PD irrespective of whether previous employer REVOKES your 140 or Not. Many people are in the same dilemma about this including me.

Thanks

In my understanding, As per AC21 poratability, transferring the PD to new application is VERY RISKY till 180 days of 485 filing have been passed. See the example below. Gurus like "great guru", "ginnu","manwithnoname", "unitednations" can throw more detailed light beams on this.

Example 1:
----------
1) You get I-140 approved (OLD File, Old application) - 05/07

2) You somehow worked out another application and its I-140 which is alreadyapproved - 05/06
through another "Future Employer"

3) Now your old employer (HR Manager A) has given you a "Verbal" consent
to let you go and "Verbal" promise not to revoke your I-140

Note: Most employers do not give written consent for this and probably
would not give the copy of approved I-140. At the most what you
will get is I-140 Number. Remember I-140 owenrship is attributed to
employer not to you.

4) You , emotional creed, keeping trust on "Verbal Consent" and out of your
economical greed and out of your mental stress due to the economical
exploitation you suffered till now, decided to change the employer and
now you are waiting for 485 as you are in retrogression queue (Which is
going to be worsened as BEC lot is started to come out) and let's say in
your fate it is written to wait for 2 years from today in 485 queue. Now
guess what, HR Manager A.. Remember who gave you the verbal
consent .... also no more with your old company and replaced by HR
Manager B.. who does not have a clue about verbal consent given to you
by HR Manager A. But that "B" Surely knows that I-140 is company's asset
because it is his job to know that.

5) Now after 2 years, with no contact to previous employer, celebrating the
event of coming out of retrogression, you just get 485
filed and meanwhile, before 180 days of 485 filing are crossed, "B" decides
to revoke I-140 for any reason (Note: I am interested to know what these
reasons could be.. more enlightened souls can shed more light on this..)
and guess what you will find yourself in the hell of "NOID -- Notice of intent
to deny" and now you will try to establish contact with your old employer
and find yourself compulsory dealing with "dianosour-B". Now say if this "B"
is adamant on "company policy" or "whatever reason" which is to revoke I-
140 then at that time you will have two choices 1) Go back to that old
company with whatever negotiations they want to control and the way to get
you squezzed in a hell 2) File new Green Card application with back to square 1.. Yes
we all played the game "LIFE".. yes, this is exactly the same as that game.
$10 game..

Moral of the story:

1) While choosing the porting PD.. you are taking risk for the time period
equal to retrogression wait + the day of 485 filing + 180 days. On the 181
day onwards, if your old employer has not screwed you yet, it will not be
able to screw you ever.

Gurus, what I am missing here? Please pour the "Ganges of knowledge" on our heads so to achieve "Porting PD-I-140-485-GC/Niravana".

Yet, another thing, I am not clear is let's say, old employer gives us "Written Consent" not to revoke I-140 but still decided to revoke then can they revoke? Is ther any legal prohibition which makes them stopped to do so if they have given wriiten consent?

- Bharat Premi

 

[prman]

Bharat Premi,

I totally understand and agree with what you have said and this is the extreme what could happpen to a most unlucky person in the world. No body can save him, you might be knowing this saying. "Kismat G.... hai to kya karega pandu".

Ok, tell me what will you do if you are in my situation. I work as a consultant, recently in Feb07 got an oppurtunity from my client for a full time, I could not accept becasue my gc is in process. Even labor was not cleared at that time. See my signature. If any position opens up now they would offer me again. I will be applying for 8,9 and 10th year extension now.

~prman

In my understanding, As per AC21 poratability, transferring the PD to new application is VERY RISKY till 180 days of 485 filing have been passed. See the example below. Gurus like "great guru", "ginnu","manwithnoname", "unitednations" can throw more detailed light beams on this.

- Bharat Premi

 

[bharatpremi]

Bharat Premi,

I totally understand and agree with what you have said and this is the extreme what could happpen to a most unlucky person in the world. No body can save him, you might be knowing this saying. "Kismat G.... hai to kya karega pandu".

Ok, tell me what will you do if you are in my situation. I work as a consultant, recently in Feb07 got an oppurtunity from my client for a full time, I could not accept becasue my gc is in process. Even labor was not cleared at that time. See my signature. If any position opens up now they would offer me again. I will be applying for 8,9 and 10th year extension now.

~prman

I am in the same boat and have invested same years as you. I am also trying to figure out the "Safest" way and in the same dilemma. The purpose of writing that essay was just to show "Warning-Red Signal" associated and to show that this decision should not be taken in a haste.

Somehow I am thinking that the best solution is to have employer (Consulting Company) in trust and join its own client which may have a "Permanent Hire" position. That could at least provide "safe net" till your 485 get completed.

 

[lovtnt]

I140 PD Future employment

I have filed my GC with a company A whom I have yet to join. Thru this company A my I-140 is approved. Can I join another company B and carry my PD without joining this Company A ever. My Company B is ready to pay compensation to Company A for not revoking I140 with some legal binding in lieu of that.
Any suggestion will be of great help.

Thanks Mates on the same boat.

 

[lax4u]

according to bharatpremi
"wait + the day of 485 filing + 180 days. On the 181
day onwards, if your old employer has not screwed you yet, it will not be
able to screw you ever."

My LC + I-140 Approved in 2007 and my 485 is filed on 9th May 2008. Am i still at risk if i change my employer?