PERM approved...I140 pendinf..change of job?

[abapcode]

Hi,

I have PERM approved. I140 is applied in June 2010 but not approved yet. Now, I am looking to change a job. I have visa approved till May 2012 (including recaptured time)

Can I change a job with this status?

Can I use my PD when my new company applies for GC, I140 is not revoked but not approved when I am leaving my old company?

Knwoing May 2012 is when my 6th year (incl. recaptured time) expires, by when do I need apply for GC thru new compny? I have heard abt 365 rule but not sure about this...

What happens if my new company is not able to apply before 365 day but during 6th year of H1?


Thanks and regards,

[txh1b]

You need a copy of the approved I140 to recapture PD. If you move now, your new company has to start from scratch including PD. If you move after I140 approval, it still has to start from scratch but with older PD.

[abapcode]

HI,

thanks for reply....can u answer on other 2 q's I had on my earlier post...

Knwoing May 2012 is when my 6th year (incl. recaptured time) expires, by when do I need apply for GC thru new compny? I have heard abt 365 rule but not sure about this...

What happens if my new company is not able to apply before 365 day but during 6th year of H1?

Regards,

[txh1b]

Labor has to be filed prior to 365 days of H1b expiry or the I140 approved prior to H1b expiration to get 1/3 yr extensions for H1b.

Do some reading online. There is plenty of material.

As you have already gone thru labor, you know how long the labor prep process is. Factor that in.

[abapcode]

thanks

[simplyshree]

You need a copy of the approved I140 to recapture PD. If you move now, your new company has to start from scratch including PD. If you move after I140 approval, it still has to start from scratch but with older PD.

Hi,

One more query regarding the same issue. If my employer A files for my Labor and it is approved. Then if I move onto a new employer B who will start my GC processing. Can i capture the PD from the Labor filed by employer A.

Thanks,
Shree

[txh1b]

Hi,
Can i capture the PD from the Labor filed by employer A.

Thanks,
Shree

Not unless you have the I140 approved from that labor. Have been through the same scenario myself multiple times. You don't have a PD reserved in the USCIS system until the I140 goes through.

[sdimmigrant]

I am a little confused with the terms being used.

How can company B recapture PD if they have to start from "scratch"?

My understanding is that starting from scratch means starting the labor process again in whcih case I will get a new PD. Is that wrong?

Please clarify.

[txh1b]

Yes, they get a newer PD with the labor. However, while filing I140, if they enclose the older approved I140 copy, USCIS captures the earliest PD.