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gcinferno83

Changing jobs after 1.5 years of i-140 approval

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Hello, I am in the process of receiving an offer for a new job role with another company. My i-140 was approved (1.5 years ago) and the new company has agreed to file/re-file my green card. My questions are: 

1. I have an out of country vacation planned, can I leave the country during this time? Do I need to initiate the transfer after I come back? 

2. My visa renewal is up for renewal next year (September 2019) and my wife is on h4 EAD, should the new company file for my new i-140 by a certain date? 

3. Should I wait until I get a receipt notice to begin the new job? how long does this usually take? 

4. I am going from engineering to technical sales, should there be anything else I should be wary of in the job description so my existing i-140 PD is not affected? 

5. Anything else I should keep in mind based on anyone's experience? 

I know these are standard questions, but just nervous because this is the first time I am changing jobs.. Thanks in advance!!

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1. Depends on your situation.

2.not really, with the current law, you could continue to get H1B extensions based on previous employer's i-140.

3.Yes, atleast you should get a receipt. May be 3-4 weeks max.

4. It depends on what job code new employer would be using for H1B and how the job duties are related to your education.

 

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I changed 3-4 jobs on H1b direct hire, so have few experiences. Here are your answers.

1. Safest way is to have everything transferred to new employer and then go out of country. Obviously green card will take some time so you can just start with new job. However, once you start new job, you will have I-797 beforehand. So, when you leave country, in order to come back, you need stamped visa. So, whatever country you go on vacation, you need to go through their US consulate to appear for interview and all that. That will disrupt your vacation. So, in my opinion, you can go to vacation on first job, and then as soon as you come back you can start switching job. That will be hard on you existing employer but that is on your account.

2. H$ EAD is linked to approved I-140 after 180 days so you have no issue.

3. For your job? Yes, you need an approval I-797 (A or B)  to start new job. 

4. As you will be starting from PERM with new employer, it does not matter what code you used before. That code need to be same or similar from the time you apply for PERM till you file I-485 and I-485J.

5. Based on experience, always keep you eyes open for new information, talk to attorneys, don't assume anything....good luck!

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