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H-1B and GC impact when job hopping

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  • H-1B and GC impact when job hopping

    Was looking for some guidance on the following scenario:

    - I have my I-140 approved through my current employer
    - I plan to switch jobs in the next 1-2 months before the GC process can be completed at my current employer (my priority date is not yet current, so I-485 cannot be initiated now)
    - I understand that the GC process will have to be restarted at a new employer (starting with PERM), although I can retain my priority date. While this happens, my H-1B will get transferred to new employer (for a 3 year duration) - and from my understanding, the current I-140 will be referenced when filing for the H-1B transfer
    - Let us say I will change jobs again in about a year, which would prompt a new PERM, I-140 etc.

    So in this scenario where I switch jobs a second time (e.g. 1 year into the new job), what impact will it have on my H-1B. All this while, since I had an approved I-140, it would let me renew every 3 years with no limit on the number of extensions (i.e. till GC gets processed). But in the future, when I switch jobs multiple times before new PERM/I-140 applications can be processed, how will it impact H-1B (validity, number of renewals, time limit, etc.). For e.g. can future H-1B extensions be based on the original I-140 (which btw would have become invalid from point of view of GC; but can it be used for H-1B extensions). Or is there a different approach that needs to be followed?

    Thoughts appreciated.

  • #2
    I believe you can only 'port' over your priority date after you switch jobs if your I-140 has been approved for at least 6 months. If the less than six months, and your employer revokes I-140, you cannot use it for either extensions or priority date porting over at your new employer

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    • #3
      What do you mean by restarting the GC process? You mean, if you've been with the company for 3 years and you expect the GC process to take 7 years. If you leave after 3 years, you will have to wait 7 years in the new company?

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      • #4
        Hi Member,
        what impact will it have on my H-1B. All this while, since I had an approved I-140, it would let me renew every 3 years with no limit on the number of extensions (i.e. till GC gets processed). But in the future, when I switch jobs multiple times before new PERM/I-140 applications can be processed, how will it impact H-1B (validity, number of renewals, time limit, etc.). For e.g. can future H-1B extensions be based on the original I-140 (which btw would have become invalid from point of view of GC; but can it be used for H-1B extensions).
        Answer: Yes. you can extend your H1B with the help of I-140 approved that you got from your initial Employer beyond six years( Please make sure, your I-140 was not withdrawn within 180 days of approval). And if you switch to many Employers, it will not impact in any way. All you need is, when you do H1B transfer, you will need a valid status at the time of filing.
        Thanks

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        • #5
          It's all so complicated that I didn't understand anything. Maybe you need a consultant in this matter? When it comes to these kinds of forms, changing jobs, and arranging it all, I consult with my accountant friend to ensure I don't make any mistakes. For example, I recently found a part-time job and started working. I did not know how to pay taxes on two jobs in this case. So I turned to the same accountant friend for help. I think it would be better for you to do the same.

          Last edited by Cobainik; 02-16-2022, 06:56 AM.

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