Changing jobs after I-140 approved

[VijayUS]

Experts,

Need your help with following situation.

Scenario: Six years complete on H-1B. Beyond six years extension applied based on PERM application where my I-140 has been approved. H-1B extension beyond six years received for three more years (till 2017). I am now changing my job where my new employer says that after H-1B is transferred, they will initiate my Green card and since I will retain my priority date, they can initiate it any time during the next one year.
Spouse: She is on H-4 right now. Her H-1B just completed with her current employer and she went on H-4. She is still an employee at her present company but cannot work in US and has to go out of US for one year to get fresh H-1B applied or else wait for my adjustment of status which will be few years down the line considering my PERM is EB-3 and priority date is March 2013.

Questions:

1) After I change my jobs and H-1B is transferred, is the entire PERM / Green card application re-initiated?
2) Will it take another 1.5 years to get the I-140 approved again?
3) Till what time I can retain my priority date?
4) Can my new employer re file in EB2?
5) If the new ruling on "people can work on H-4" comes into effect within the next one year then wouldn't it be better for my wife if I stay with current employer? I am saying this because my I-140 has been approved with current employer and it will take 1.5 years with my new employer to get the I-140 approved again. According to new ruling only those people on H-4 will be able to work whose spouse have their I-140 approved.
6) For my wife does this possible new ruling even applicable considering she was on H-1B which finished its tenure 5 months ago?

Please let me know your thoughts.

Thanks so much
Vijay

[VijayUS]

Please help!

[VijayUS]

Please reply

Can someone please help me with my query?

[raghvi]

Has the 485 been filed?

[VijayUS]

No it hasn't. It will take a log time to come to that considering I am a EB3 candidate and have a priority date of Mar 2013. My I-140 is approved and on that basis my H-1 has extended beyond six years. I can change jobs now.

[raghvi]

No it hasn't. It will take a log time to come to that considering I am a EB3 candidate and have a priority date of Mar 2013. My I-140 is approved and on that basis my H-1 has extended beyond six years. I can change jobs now.

1. Yes only the priority date can be carried forward.
2. Possible.
3. didn't understand this question. As long as you have a parallel immigrant petition filed
4. Yes.
5. I would say your understanding seems right.
6. As far as I have read, I dont think there is any restriction on H1 moving to H4 and not getting this benefit. The rulings are still open for discussion and this may certainly come up for discussion that a person who has spent 5-6 Year on H1 if he/she moves to H4 would they still be entitled to employment without the mandatory 1 Year abroad period.

This is my opinion not legal advice.

[VijayUS]

Thanks Raghvi. Appreciate your response

[catchmesam]

Vijay - Were you able to find a concrete answer to your Question #5 ? (If the new ruling on "people can work on H-4" comes into effect within the next one year then wouldn't it be better for my wife if I stay with current employer? I am saying this because my I-140 has been approved with current employer and it will take 1.5 years with my new employer to get the I-140 approved again. According to new ruling only those people on H-4 will be able to work whose spouse have their I-140 approved.) If so, can you please post your findings here.

Thanks!

[knagaraj1983]

Time to re-apply PERM

Experts,

Need your help with following situation.

Scenario: Six years complete on H-1B. Beyond six years extension applied based on PERM application where my I-140 has been approved. H-1B extension beyond six years received for three more years (till 2017). I am now changing my job where my new employer says that after H-1B is transferred, they will initiate my Green card and since I will retain my priority date, they can initiate it any time during the next one year.
Spouse: She is on H-4 right now. Her H-1B just completed with her current employer and she went on H-4. She is still an employee at her present company but cannot work in US and has to go out of US for one year to get fresh H-1B applied or else wait for my adjustment of status which will be few years down the line considering my PERM is EB-3 and priority date is March 2013.

Questions:

1) After I change my jobs and H-1B is transferred, is the entire PERM / Green card application re-initiated?
2) Will it take another 1.5 years to get the I-140 approved again?
3) Till what time I can retain my priority date?
4) Can my new employer re file in EB2?
5) If the new ruling on "people can work on H-4" comes into effect within the next one year then wouldn't it be better for my wife if I stay with current employer? I am saying this because my I-140 has been approved with current employer and it will take 1.5 years with my new employer to get the I-140 approved again. According to new ruling only those people on H-4 will be able to work whose spouse have their I-140 approved.
6) For my wife does this possible new ruling even applicable considering she was on H-1B which finished its tenure 5 months ago?

Please let me know your thoughts.

Thanks so much
Vijay

Hi Vijay and other experts:

I went through the exact same scenario as detailed in this question. After my approval of I-140 with employer A, I have moved to employer B successfully with H1B extension also and (according to the layers in my new company) I have ported my old priority date as well. I have been with the new employer for a year now. My new employer has not yet (re)started the PERM and the I-140 etc.. I want to get your advice on the following:
1) Within how much time must my new employer re-apply for the PERM and further steps? is there a dead line or something by which it must start or be done? is there a risk for my new I-140 petition being denied because of the late reapplication or me losing the priority date?
2) Will the whole process take as long as it did the first time or, since I am porting my priority date, is it faster the second time around?
3) Are there any other concerns that I must take care of due to this situation?

thanks very much - i eagerly look forward to your advice.

[shervin143]

1) Within how much time must my new employer re-apply for the PERM and further steps? is there a dead line or something by which it must start or be done? is there a risk for my new I-140 petition being denied because of the late reapplication or me losing the priority date?
>>> Advisable to have the PERM filed 365 days prior to your next extension so that extension can be filed based on the filed or approved PERM. If you get your I-140 approved before your next extension, then you can get a 3 year extension. Otherwise you will be in trouble if the previous employer revokes the I-140 or shows no interest to USCIS in proceeding with your GC.

2) Will the whole process take as long as it did the first time or, since I am porting my priority date, is it faster the second time around?
>>> Priority date can be ported, so it is faster than before.

[knagaraj1983]

1) Within how much time must my new employer re-apply for the PERM and further steps? is there a dead line or something by which it must start or be done? is there a risk for my new I-140 petition being denied because of the late reapplication or me losing the priority date?
>>> Advisable to have the PERM filed 365 days prior to your next extension so that extension can be filed based on the filed or approved PERM. If you get your I-140 approved before your next extension, then you can get a 3 year extension. Otherwise you will be in trouble if the previous employer revokes the I-140 or shows no interest to USCIS in proceeding with your GC.

2) Will the whole process take as long as it did the first time or, since I am porting my priority date, is it faster the second time around?
>>> Priority date can be ported, so it is faster than before.

Dear Shervin143, thank you very much for your reply.
I have H1B approved until June 2017. From your reply it looks like pretty much I must have my PERM and I140 approved again before well before June 2017 because i don't think my old employer will show any interest in proceeding with my GC.

One follow up question, in the worst case if my current employer does not proceed with this GC thing, do I have the liberty to change jobs again to a different employer? are there any catches with that?

thank you again for your time.

[shervin143]

Extension beyond 6 years is based on a pending GC process (PERM, I-140 or I-485 in-progress). If your previous employer revokes the I-140, then it can get complicated. Figure out from your current employer about their intention of starting your GC process. If they show no interest, then find an employer who is willing to file your GC and file for a transfer when your current H1B / I-140 is active.

Dear Shervin143, thank you very much for your reply.
I have H1B approved until June 2017. From your reply it looks like pretty much I must have my PERM and I140 approved again before well before June 2017 because i don't think my old employer will show any interest in proceeding with my GC.

One follow up question, in the worst case if my current employer does not proceed with this GC thing, do I have the liberty to change jobs again to a different employer? are there any catches with that?

thank you again for your time.

[mayan370]

Changing employer after completing 6 years and approved i-140

Extension beyond 6 years is based on a pending GC process (PERM, I-140 or I-485 in-progress). If your previous employer revokes the I-140, then it can get complicated. Figure out from your current employer about their intention of starting your GC process. If they show no interest, then find an employer who is willing to file your GC and file for a transfer when your current H1B / I-140 is active.

I just want to know, if I change my job after completing 6 years and approved i-140 then how soon the new employer should be starting my GC process again?

As far I know he should be filing the PERM 1 year before expiring my H1B, but suppose I change my employer and got H1B extension for next 3 years, so in this case my new employer is having at least 2 years to file my PERM. Now I need help to understand what will happen if my new employer has not started my GC process and in between my previous employer revoke the i-140. In this case will I be in no status or my H1B still be valid and I can still use my previous priority date?

[shervin143]

You are talking about two different thing - H1B and GC. You are allowed to transfer your H1B after completing 6 year in your H1B CAP provided you have an approved and valid I-140. If you get 3 year extension while filing the transfer, then your H1B for that 3 years will be active even if the previous employer revoked their I-140 To file further extension, the new employer should have the I-140 approved. Priority date for GC can be ported even if the previous employer has revoked their I-140 petition.

I just want to know, if I change my job after completing 6 years and approved i-140 then how soon the new employer should be starting my GC process again?

As far I know he should be filing the PERM 1 year before expiring my H1B, but suppose I change my employer and got H1B extension for next 3 years, so in this case my new employer is having at least 2 years to file my PERM. Now I need help to understand what will happen if my new employer has not started my GC process and in between my previous employer revoke the i-140. In this case will I be in no status or my H1B still be valid and I can still use my previous priority date?

[Axeaum]

H1 Transfer with approved I140

Please help me to answer my question, if you have already gone through the same situation or if you know the answer for sure.

My I140 approved with company A and I moved to Company B. Currently I have consumed 4 years out of 6 years quota. When Company B filed H1 transfer, they used my approved I140 to get the 3 years of extension. I am planning to leave the company B in another 2-3 months by that time company B will not be able to start the GC process. When I am going to join company C, will they be able to use my I-140(from company A) to get the 3 years H1B valid petition?

Thanks