Changing job after I140 approval

[sixflags1984]

Hi,

 

My company is currently filing my I140 petition. what are the risk factors involved if i decide to move to a new position after my I140 gets approved. My 6yrs H1B expires Sept 2015.  I have the following concerns.

 

1. Can i move to a new employer once my I140 is approved?

 

2 Can my current employer revoke my I140 if i change job immediately after my I140 approval?  

3. Should i wait until my PERM is approved (when they file my H1B extension) through new employer before i start working for them?

 

4. Will my H1B extend for 3yrs if the new employer files for H1B after my I140 approval (which i received through my current company)

[jairichi]

1. Yes. But, you the run the risk of employer revoking I-140.

2. Yes.

4. Yes.

[pontevecchio]

1.If you want to.

2. Yes.

3. Not relevant. PERM Approval by itself is of no use.

4. Yes.

 

 If you want to leave then wait for the I-140 approval and then have the new company file a H1 petition and if you get 3 years there is time to process the GC again and you get PD retention even if the I-140 were to be subsequently revoked.

[itsmeusa]

1. Yes.

2. Yes, make sure your H1b petition is approved (in premium) before you join the new employer.

3. No need to wait.

4. Possible. Extension of 3 years is possible with I-140 and client letter.

[sixflags1984]

Thank you all for the prompt reply. However the following questions came up in my mind

 

1. Are you suggesting that i wait until my H1 gets renewed for 3yrs through my new employer before i move to them (considering my I140 gets approved through my current job)?

 

2. How long do you think i should wait after my I140 gets approved to move to a new job so my current employer cannot revoke my approved I140?

 

3. What conditions should i bring up to my new employer during the visa transfer for the transition to be smooth?

[jairichi]

1. Yes.

2. Your employer can revoke I-140 anytime.

3. Whether they will initiate GC for you?

[hwy47]

Hi,

I am also in the same situation. My I140 is applied in auguest 2014 in regular processing.

I have the following questions.

1. After my I140 approval, Is there any rule like 6 months to be waited (After I140 approval) with the same current employer for retaining the same PD while my New employer GC process starts?

2. Will i able retain the same PD with Future employer even old employer revoke my I140?

3. My current employer not sharing the I140 application copy and he shared the I140 application number, is there anyway i can confirm that that is really my I140 application #.

4. If I get REF usually how long my employer can take to respose to that RFE?

5. If it gets approved,  will the screen shot of I140 approval enough to retain the PD with New emploer GC process?

6. After my I140 approval, Is there anyway i can get the I140 approval copy from USCIS or anywhere else other than my employer?

Thanks,
 

[itsmeusa]

1. No. I-140 approval gives you that PD.

2. Yes. You need I-140 petition / case # or I-140 approval copy.

3. Yes, send FOIA request to USCIS. Ask for entire A-file including I-140, approved PERM, I-140 receipt + approval notices.

4. USCIS gives the time by when employer must reply to RFE.

5. Refer 2.

6. Refer 3.

[kbb]

Hello All - 

 

I am in a similar situation and unsure of what action needs to be taken. I filed my I-140 thru co A in premium processing and have a pending RFE, wherein my attorney is submitting the additional documents. The current co is going thru an acquisition so in a very unsure state as to whether I will have a job in the next couple of months. 

 

My H1-B expires in Sep 2015. Do you all have a google group/ hangout or something where everybody can actually talk through various options? 

 

Thanks All !