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Changing jobs with approved I-140

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  • Changing jobs with approved I-140

    I am a citizen of India. My H1-B started in 2012, and I have an approved I-140 from employer-A as of Apr-2017. My most recent I-797 approval notice from employer-A is valid through 2021.

    I got laid off in Apr-2019, and started job with a new employer-B right after (<1 month). My H1-B transfer to new Employer-B is still in works.

    I have a confirmation from employer-A that they voluntarily do not terminate approved I-140s. Meanwhile I am interviewing with few new companies (potential employer-C) currently.

    Questions -
    1> Can I switch employers from -B to -C without starting my GC process with employer-B at all?

    2> Can my I-140 priority date be directly ported from employer-A to -C, or do I have to port it from employer -A to -B and then from -B to -C?

    3> When is the earliest possible (timeline) that I can secure an approved I-140 with employer-B? (6-months? 1-year into job? Assume all possible premium processing steps involved in the process.)

    4> Is there a min duration that I need to be with employer-B after securing my I-140 with employer-B?

    Appreciate any help.

  • #2
    1. Yes
    2. Yes you can port from A to C.
    3. Depends on when it is filed. A good rule of thumb would be 6 months for PERM.
    4. No.
    Just an opinion; Not legal advice.

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