Regarding visa renewal, I140 and job

[visaadvise]

Hi,

I currently have approved I140 (July 2021) with priority date (October 2012 EB 2) ported from previous employer's I140. Visa extension renewal is coming up in February 2022 .

Can you please advise if and when its appropriate to think about switching job without any risks involved considering the EB2 is currently in 2011 September PD (Final Action date)?

I am just not sure what if new place doesn't start the GC process until I complete 1 year or if there will be any risk in visa transfer as well considering the upcoming extension renewal. Also, not clear if that 180 days waiting after I140 approval is is still required with each employer or only the first time.

Please advise. Thanks!

[rkk09]

Hi,
Please see my response below.
Can you please advise if and when its appropriate to think about switching job without any risks involved considering the EB2 is currently in 2011 September PD (Final Action date)?
Answer: I am not sure whether you have two I-140 Approval or more. If you have two I-140 Approval, and you got I-140 approval recently with current Employer, with that you can extend your H1B. On another hand, It is not even required to have current Employer I-140, In order to extend your H1B. If you have one with previous Employer, with that also you can do Ext.
And as per your priority date, you can expect good news very soon. Let's hope for the best.
Statement: if that 180 days waiting after I140 approval is is still required with each employer or only the first time.
Answer: It is applicable for each Employer who files I-140 petition.
Thanks

[visaadvise]

Hi Rkk09, Thanks for the reply. I believe my first approval should be still valid. My current I140 is needed if EB 2 moves to my PD date right? If I wait for 180 days and then still if Eb2 doesn't move any further and also get my visa extension filed, is it safe to switch job? Also, please clarify if Eb2 moves to my PD if I am at new job, then that new employer's I140 should be there to proceed further right?

[rkk09]

Hi,
Here is my response.
My current I140 is needed if EB 2 moves to my PD date right?
Answer: If your approved I-140 petition is approaching Priority date then you can move forward and file Adjustment of status. But, If approved one is with previous Employer then you will need to include Supplement J from your previous Employer.
If I wait for 180 days and then still if Eb2 doesn't move any further and also get my visa extension filed, is it safe to switch job?
Answer: Yes. You can do H1B transfer with the help of approved I-140.
Also, please clarify if Eb2 moves to my PD if I am at new job, then that new employer's I140 should be there to proceed further right?
Answer: Yes. But, If you get Supplement J from your Previous Employer, With that also you can file Adjustment of status. If they deny providing supplement J then you will need to depend on your current Employer.
Thanks

[visaadvise]

Hi, Rkk09, Sorry for the late reply, thanks! One last question - should one check date of filing or final action date to start preparing the application?

[rkk09]

Hi Member,
Please see below.
should one check date of filing or final action date to start preparing the application?
Answer: In order to file the immigrant petition, you will need to concentrate on Dates for filing in the Visa Bulletin.
Thanks