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Should I change job if I-140 is just approved?

Discussion in 'General I-140 and Related Issues' started by Raman, Dec 20, 2017.

  1. Raman

    Raman New Member

    I am on H1-B visa and will have I-140 approved shortly. I have another job offer which will also start the GC process immediately. Here are my doubts:
    1. Would I have to go with recruitment/PERM/I-140 process again? Or some steps can be skipped/sped up?
    2. If I don't get my new I-140 approved within 6 months, would I lose the priority date?
    3. If I don't get my new I-140 approved within 6 months, can I continue extending my H1-B visa indefinitely?
    4. What problems can I face if my current employers cancel the current I-140 immediately after I switch?

    In general, I see people advising not to switch jobs in this stage, but the salary difference is really high and I am wondering if it's worth the risk. I have 2 years left on H1-B. Any advice is appreciated.

    Thank you!
  2. George67

    George67 Member

    You should consult with a qualified immigration attorney, but meanwhile Google "H1B portability and grace period". You might find the answers there. I would give you a link here, but I am not able to.
  3. Prash1

    Prash1 New Member

    I have a similar question...can someone help?

    I have I-140 approved with my previous employer with a priority date in 2011 in EB3 category. Within 20 days of my termination with my previous employer I joined my new employer (2017 March) and they started my GC application under EB2 category. Currently my GC application with new employer is at 3 months into recruitment period (which is after prevailing wage request completion). The attorney working on my case said they will file PERM in 2 months or so. And it will take another 4-6 months for PERM labor certification to finish. I would like to know if I go back to my previous employer, can I use the existing I-140 approval with my previous employer as they confirmed they did not revoke it. And if I go back to my previous employer can I change my application to EB2 category under the same I-140. With so much activity with immigration happening I am afraid I won’t be able to retain my priority date (2011) as my new GC application will take another 8-10+ months to file I-140. I do not like the new city and my previous employer offered me the same position. I would like to know if going back to my previous employer help me be in a safe position for my GC application. or does my previous employer need to repeat the entire GC process again?

    Last edited: Jan 22, 2018
  4. whitemimauz3

    whitemimauz3 Registered Users (C)

    If your previous employer has not withdrawn approved I-140 then you are good. If they have withdrawn, then they might have to redo PERM & I-140.

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