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Help with I-140 and job change.

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  • Help with I-140 and job change.

    Hello,

    My spouse and I have an unusual problem and we unfortunately haven't been able to find any consensus on this matter.

    I work at Location A and possess an H1B visa (extended, valid till 2019) while my wife works at Location B also on an H1B visa. Her GC process is underway and her I-140 is due in the next 3-5 months. Her H1B has been extended once but will end in 2017 during which time she will have to extend it again.

    We were hoping to move to the same location. Logically it makes sense for me to move to Location B and find a job there where hopefully my new employer will transfer my H1B and soon also initiate my GC process.

    However, Location B is a bad market for my field of work. I am having difficulties landing a job that is looking for non-citizens as well as compensates adequately. I have been trying for an year with no luck.

    We now are thinking of Location C (a new location) to move to. This location is where the market is right for someone with my job description and I was hoping to make the switch to a new employer. My wife wants to eventually move to this third location as well.

    The obvious dilemma/problem here is, what are the implications of my wife moving to Locations C (for a new job with a different employer) after her I-140 is approved and H1B is extended beyond 2017. I have learnt that the PERM date still remains intact but the whole process must be restarted. Is there a way to do this safely. Is this a good idea to begin with?

    What options do we have in order for both of us to move to the same location? I highly appreciate any detailed responses which can help us get out of this predicament.

    Thank you!!

  • #2
    Yes you can do AC21 porting, if you satisfy the requisite criteria (duration I140 has been around, etc.). So the transfer might not be possible immediately, but can be done after sometime.
    Just an opinion; Not legal advice.

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    • #3
      Help with I-140 and job change.

      Originally posted by scientist2016 View Post
      Yes you can do AC21 porting, if you satisfy the requisite criteria (duration I140 has been around, etc.). So the transfer might not be possible immediately, but can be done after sometime.

      If my I 140 is approved by employer A cant i swicth after the approval or need to wait and why?

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