Stay on old employer i140 in new job

[biju]

Hi ,

 

My new employer attorney is saying that another perm->i140 process is not required and can use the old employer approved i 140 as my job title and description is not changed much. i am confused , was under the assumption that that we should start the GC process (perm-i140) every time you change the employer.

i am converting to the same client to i worked for last 6 years as a contractor and would like to work with them . but the statement from attorney , surprised me. they expect my current employer will not revoke the i 140 and can user later.

 

here is my situation

H1B- 10th year

i 140 - approved 2 year back ( Employer X-old)

priority date :- june 2013

visa expiration :- april 2020

New employer (Y) started h1b transfer in sep 2018 

Y says that we dont need to start the process again from perm , i 140 etc. We can use the existing approved i 140 for extension and whenever the date matches we can file for last phase.

 

thanks,

Biju

 

 

 

 

 

 

 

 

 

 

 

 

 

[care_candidate]

You are absolutely correct.

You will need to start GC process from scratch with new employer. You can recapture same PD by making a request with new application.

From my experience, there are many attorneys either do not understand these basics of immigration or not given full information. In your case, please make sure you challenge him/her - they are not the one who get punished if they make mistake.