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  • Changing jobs I-140 Approval pending

    Can you please help me with my questions? Appreciate your input and time!

    Scenario:
    + H1-B permit valid till August 2017
    + Six years of H1B to be over by August 2017
    + Works as a full time employee in an engineering company
    + I-140 submitted in March-2016 with a priority date of Sep-2015
    + Planning to leave employer to seek better opportunities

    Questions:

    1) What is the best time to leave the current employer so that I get another 3(?) years of H1B extension with the new employer once the current H1-B expires?
    2) On transferring H1B, will I get extension till 2017 or for next three years?
    3) For green card application, is the entire LCA / PERM / I140 process re-initiated?
    4) 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?
    5) Will it take another 1.5 years to get the I-140 approved again? Or can it be done faster?
    6) What if my immediate next employer does not do any GC work and then after couple of years I join another company which files for GC. Will I lose my current priority date? If No, then till what time can I retain my current priority date?
    7) Any letters or documents that I should procure from my current employer for future migration/PERM paperwork?
    8) How do I ensure that my current employer does not revoke I-140? What happens if my current employer revoke I-140?
    9) Should I wait to leave the current compay till my I-140 gets approved and/or H1-B extended?
    10) Are there any other concerns that I must take care before leaving current employer?
    11) If I leave my current employer, how does it impact my wife's EAD processing?
    Last edited by Leoboy; 08-24-2016, 08:46 PM.

  • #2
    Originally posted by Leoboy View Post
    Can you please help me with my questions? Appreciate your input and time!

    Scenario:
    + H1-B permit valid till August 2017
    + Six years of H1B to be over by August 2017
    + Works as a full time employee in an engineering company
    + I-140 submitted in March-2016 with a priority date of Sep-2015
    + Planning to leave employer to seek better opportunities

    Questions:

    1) What is the best time to leave the current employer so that I get another 3(?) years of H1B extension with the new employer once the current H1-B expires?
    2) On transferring H1B, will I get extension till 2017 or for next three years?
    3) For green card application, is the entire LCA / PERM / I140 process re-initiated?
    4) 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?
    5) Will it take another 1.5 years to get the I-140 approved again? Or can it be done faster?
    6) What if my immediate next employer does not do any GC work and then after couple of years I join another company which files for GC. Will I lose my current priority date? If No, then till what time can I retain my current priority date?
    7) Any letters or documents that I should procure from my current employer for future migration/PERM paperwork?
    8) How do I ensure that my current employer does not revoke I-140? What happens if my current employer revoke I-140?
    9) Should I wait to leave the current compay till my I-140 gets approved and/or H1-B extended?
    10) Are there any other concerns that I must take care before leaving current employer?
    11) If I leave my current employer, how does it impact my wife's EAD processing?


    1. Ideal time is to first have current employer file H1 extension, get it approved for 3 Years based on I140 approval and then transfer the H1.
    2. It depends if the next employer can show 3 Years work for you.
    3. Yes, unless they filing EB1 for you.
    4. Before the next employer's H1 petition expires.
    5. Generally Yes.
    6. Priority date is for you to keep. But Till priority date becomes current, you need a valid I797 to stay in US.
    7. I140 approval notice and all existing and past petition copies would be good. Of course experience certificates and latest pay stubs.
    8. You cannot. You can only request.If employer revokes the I140 you cannot use it to extend the H1 petition, you become solely dependent on next employer filing PERM/I140 in order to extend H1. Example, if you are in EB2/EB3 for India, you need timely PERM/I140 in order to keep extending your H1 for the next 10-12 Years.
    9. I would say yes.
    10. The employer has invested in you by filing GC, make sure to leave in good terms with proper back up plan in case future employer work culture/GC does not work out
    11. How long have you already been in US? If more than 6 Years then it is independent of I140 approval.

    This is my opinion not legal advice.

    Comment


    • #3
      Thanks

      Thanks @raghvi for taking time in responding to each of my questions. With regards to Q#11, I have been in US for more than 6 years now.

      Comment

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