Lathi Posted April 18, 2017 Report Share Posted April 18, 2017 Hello all, can somebody please help me with the following with respect to the I 140 new rule retention policy that was just released a couple of months ago earlier in January 2017. My apologies but I went through the blog but I couldn't specifically find the answers that I'm looking for so I'm typing up everything with patience and I'm really hoping I get a few valid concrete answers here. I am on my 11th year of my H1B and my I 140 has been approved for over five years now. My priority date is in 2012. I have been with the same employer and I'm currently waiting for the priority date to become current. So my question is if I change my employer lets says In the next couple of weeks, the question is - Would my new employer need to file a new I 140 petition? As I said , the old I 140 petition with my current employer has been approved for over five years now ( they are not going to revoke the approved petition, I have a very good ties with my current employer and they said they're not going to revoke). does my new employer need to file a new I 140 approval , in case if my priority date becomes current while I am with my new employer ( new employer H1 extensions approved ) and if you they have to file for the 485 adjustment Petition , can I reuse the same old employers I 40 Or my new employer has to file a new I 140 again? I somewhere heard that , I 485 status has to be pending for over 180 days or something. I'm not sure what exactly it is. Please help clarify - In case if my new employer doesn't need to file the I140 again,once my PD becomes current, can I reuse the same priority date on the old I 140 while I'm employed with new employer even though the job title is different on with my new employer & old I 140 petition filed by my old employer.( meaning I have two different job titles with my old and new employer) please help understand!!! Link to comment
Indian_TX Posted May 16, 2017 Report Share Posted May 16, 2017 If you change employers they have to file a new PERM & 140 but you can retain your PD. You can't use one employer's 140 with other as it is employer dependent. Link to comment
pontevecchio Posted May 16, 2017 Report Share Posted May 16, 2017 PD retention has always been possible. It always entailed a new PERM/I-140 and so on by the new employer. The USCIS has merely put in words what it practiced all along. Link to comment
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