Position change and/or Job change after I-140 approval


GYK

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Hello Sir,

 

Greetings!

  I am working for company ‘A’ as a permanent employee. I am going to complete my 6th year in a month. Recently, I got my I-140 approved and my company has applied for H1B extension for 3 more years in normal processing.            

             Now, my company is asking me to take a new role in the same department. Our Immigration attorney has informed me that, since it’s a new position, we need to apply for change in the H1B LCA and submit amendment to the under processing H1B application. They also informed me that my green card processing will be initiated from scratch after some time and Priority date will be retained.  

My relationship with my supervisor is not in good condition. So, I am skeptical about the ulterior motives of the position change at this moment.

    My questions are as follows.

1.      If the current company ‘A’ submit my amended LCA and H1B application for the new role, then, does it automatically revoke my existing I-140, which is approved for my current role?

If not, then can my current company revoke my existing approved I-140 after getting the H1B approval for new role?

 

 

2.      I am interested in joining other company in a month or two and talks are undergoing. They are ready to transfer my H1b. Do you suggest me to make a switch to new company before my current company submit the amended LCA and H1B application?

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