ON H1 and DS-140 Approved Now Changing the Employer

[karthi1s]

Hi,

I am on H1-B and has one year left on the visa validity, and I have DS-140 approved with current employer (Priority Date is May 2014, and DS-140 approved on July 2015).

Now I got the good offer from another employer, but not sure about transferring H1 and DS-140, and what is the risk on Greencard processing.

Any advice is really appreciated.

[raghvi]

Hi,

I am on H1-B and has one year left on the visa validity, and I have DS-140 approved with current employer (Priority Date is May 2014, and DS-140 approved on July 2015).

Now I got the good offer from another employer, but not sure about transferring H1 and DS-140, and what is the risk on Greencard processing.

Any advice is really appreciated.

The GC process would have to be started all over again. You may be able to retain your priority date though but PERM and I140 would have to be re initiated by new employer. If you are sure that the current employer would not revoke the I140 once you leave them then it is less risky, but if the current employer would revoke the I140 then I would suggest you apply for transfer only post getting the 3 Year H1 extension based on I140 approval.

This is my opinion not legal advice.

[karthi1s]

Thanks Raghvi,

Does the new employer start my PERM and then I-140 now before I joining them? and I can still work with my current employer?