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Currently on H1 and applied for I140; have to switch job

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  • Currently on H1 and applied for I140; have to switch job

    Kindly give your valuable suggestions...

    I am currently on H1 B which is valid till sep 2011. My current employer A has started the GC process in EB2 and the labor is clear and recently I have applied for I140. I have a job offer from employer B with similar job title and responsibilities. Now here are the questions I have...

    1) If I wait for the I140 approval and switch after that, will it help me in any way?
    2) When employer B applies for GC, will they have to strat it from scratch or can they directly apply for I140?
    3) Do I still get to keep the priority date (which in case i believe is the date Labor certification was applied to USCIS)
    4) Can I get my visa extended to atleast one year , if I switch the company now?

    Thanks in advance for all your help. Kindly reply.

  • #2
    Can some one please help...


    • #3
      1. Yes I would take that route.. wait for i140 approval and then transfer.
      2. Discuss with company B if there is a skills match and a requirment match and if you can do an even Transfer, some companies will say NO, as requirments, structures, salary and GC requirments vary, if you can effect a even transfer you should be able to capture the PD.
      3. If you are running out of time / cannot perfom and even transfer.. I would suggest just stay with the current company.

      Honestly I would suggest that sometimes compromise a little bit to get a big piece of freedom i.e GC in return. Avoid switching and churn till you are in dire straits and may loose everyhting.