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Changing employer

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  • Changing employer

    i have a rather unique situation. I am on h1-b visa. My I-140 was approved in 2016. My priority date is dec 2014. My next visa extension is due in Apr 2021. If I go back to India now and join another employer, would my GC process still continue until it becomes current ? My new employer is not looking to take over my visa immediately since the position is for India location. However can the new employer take over the H1B after my application becomes current (which may easily take 3-4 more years at a minimum) and file for AOS ?

  • #2
    If the position is similar. Why don't you do porting under AC21. If your I-485 has been pending for longer than 180 days and you have an approved I-140 you qualify
    EB2 - National Benefits Center (I-485/I-765/I-131)
    - Priority Date: 10/19/2018
    - Biometrics NOA: 11/09/2018
    - Biometrics Appt: 11/26/2018
    - Fingerprint Review Completed: 11/28/2018 and again on 12/05/2018
    - Combo card (I-765/I-131) approved: 05/03/2019
    - Combo card (I-765/I-131) received: 05/10/2019
    - Interview Notice: 10/03/2019
    - Case Approved: 10/04/2019
    - Card in hand: 10/10/2019
    (374 days of DOL/I-140 and 356 days of AOS = 730 days of Green Card Process)


    • #3
      Thanks fr the reply Spaniard88.
      My I-485 Application to Adjust Status is not yet been filed, since the priority date is not yet current. AC21 portability rule applies if
      • The proposed employment is in the "same or similar" occupational classification ==> true in my case
      • That I-140 has been approved, or is approvable when filed concurrently with I-485 ==> earlier is true
      • That Form I-485 has been pending for at least 180 days ==> not true
      I am trying to see what options do I have

      Thanks and best regards