changing employers after I-140 is approved but before I-485 is filed

[fd97207]

What is the impact on green card process if someone changes employers after I-140 is approved but before I-485 is filed?
Any links to USCIS pages that support your answer would be appreciated.

[rh82]

I am in the same boat. I'd like to change employers but I have less than a year left on my 6 year period. I have my PERM and I-140 approved under EB-3 category. If I change employers I know that my H1B can be transferred but will it get renewed? Also till when can my new employer re-file under EB-2? Can they re-file after my 6 year period is over?

Thanks.

[rh82]

Hi,

I noticed that you seem knowledgeable about the H1B and Green Card process. Perhaps you can give me some advice or direct me to the right information regarding my situation.
I have an EB-3 PERM and I-140 approved with my current employer with a PD of Sept 2007.
As of October 1st I am in my 6th year with my current employer.
Therefore, my H1B expires October 1st, 2011

Now I have a few questions based on this information. Currently I am being recruited by 2 companies and a question came up in my mind. I understand that my H1B can be transferred easily. However,
Can my new employer renew my H1B for a year without re-filing PERM?
How much time will my new employer have to re-file my PERM? Can they do it after my 6 year period expires?

The reason I ask is that one of the companies that is recruiting me as a policy that they do not apply for the green card within a year of employment. So clearly they will not apply for me till after my H1B expiry. In such a case should I even proceed with such a company?

The new employer can extend the H1b for another 3 years based on the approved I140 from the old employer as long as it is not revoked. You need to have proof of the I140 approval for them to do it though.

Once you have the 3 year extension, they can refile perm atleast 1 year before the 3 year extension expires in the 6+3 year time frame.

Hope this response from txh1b helps.