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Approved I-140 and forced to change employer

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  • Approved I-140 and forced to change employer

    Hello,
    My wife is on H1B working as a consultant. Her 6 years on H1B are expiring on Dec 10, 2008. Her current employer had filed her greencard and she had gotten her I-140 approval with approval date of Oct 1, 2008. Her priority date is Oct 29, 2007.
    * She has to now file her 3 year H1B extension based on her I-140 approval. Now her employer is saying that he will NOT extend her H1B and is asking my wife to find someone who can file her extension using the approved I-140; then file for Greencard labor and once that is approved, the new employer can port the current approved I-140.
    * My question/s, can the new employer file the 3 year extension based on the I-140 approval? If yes, can the current I-140 be port to the new employer?
    * What are the compications, if any?
    * What are the things that we need to be careful of?
    * We have the labor and the I-140 approval copy from her employer. Will we need anything else from him in future to port I-140 to the new company?
    * Is there anything else I am missing that needs to be taken care of before we file for H1B extension through our new employer?

    Please reply, we don't have enough time before the expiration of her 6 years on H1B. We came to know about this last night itself.

    Thanks,

  • #2
    H1b can be extended on the basis of an approved I140 from any employer provided the PD is not current for 3 years. But I140 cannot be ported. Just the PD can be ported if the new employer starts to begin the GC process one more time. It has to start from scratch of if the employer (old) is ready to file for I485 when the PD is current, she can continue to extend the H1b or work on EAD when time comes.

    I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

    Comment


    • #3
      Thanks for your reply, but can you please explain

      Originally posted by txh1b
      H1b can be extended on the basis of an approved I140 from any employer provided the PD is not current for 3 years.
      I don't understand "provided the PD is not current for 3 years".
      Also, I don't understand when you say "It has to start from scratch of if the employer (old) is ready to file for I485 when the PD is current"

      Comment


      • #4
        3 year extension is available only if the PD is not current. Otherwise, 1 year extension is available.

        The new employer, if they want to sponsor, has to start from scratch but can use the old PD. As an alternative, you say the old employer is ready to sponsor 485, which they can still do as GC is for future employment.

        You need to spend time and educate yourself by reading more about what each of these mean. Immihelp is a good place to start.

        I am not a lawyer and you need to consult with one to validate any info posted on the forum and discuss your case specifics. H1b Question? Read the FAQ first.

        Comment


        • #5
          Thanks for your reply. I guess the new employer has to start GC process again and port the PD. But I don't think the old employer will file the I485 when PD becomes current.

          Thanks again,

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