H1b Green Card with a new employer

[Kkasyap01]

Hello,

I would like some one to assist on the below please.

My GC has been filed with the current employer and I am doing contracting roles with this one until now. I have got a new full time role where the new company which is bigger than the current employer trying to transfer my visa. They are okay with the h1b process but because of the spin off that happened recently and the confusion regarding how the new terms and conditions are going to be one year from now or whenever, this company is unable to give me any assurance regarding filing of my GC which is the only road block for me otherwise the compensation and benefits are absolutely fine. I donno if I move to this employer whether my old employer would cancel the existing GC. My query here is: 

• what are my challenges if the new employer doesn't start file my GC one year down the line? My 140 is approved with the current employer but only h1b is filed technically with the new one.

I would very much appreciate your time and effort on this.

Best regards,

Krishna Kashyap.

[care_candidate]

You haven't explained clearly the status of your first GC application status. Is it filed long ago? Did you receive EAD/AP card? What do you mean by first employer cancelling GC? What is you PD, country, category? How far are you with H1b?

[pontevecchio]

Once the approved I-140 has been approved for 180 plus days, any subsequent revocation will not affect your ability to get H1 extensions with any employer till the PD of this I-140 is current thus giving you time.

[Kkasyap01]

On 7/19/2019 at 3:49 PM, care_candidate said:

You haven't explained clearly the status of your first GC application status. Is it filed long ago? Did you receive EAD/AP card? What do you mean by first employer cancelling GC? What is you PD, country, category? How far are you with H1b?

Hello,

My I 140 is approved. The priority date is June 2016.  Country is India with Category Eb2. H1b 6 years quote is almost complete.

The question was around if the GC is not being initiated by the new employer and the old employer terminating the existing GC? Can it be done? 

Please clarify.

Best regards,

Prem.

[care_candidate]

18 hours ago, Kkasyap01 said:

Hello,

My I 140 is approved. The priority date is June 2016.  Country is India with Category Eb2. H1b 6 years quote is almost complete.

The question was around if the GC is not being initiated by the new employer and the old employer terminating the existing GC? Can it be done? 

Please clarify.

Best regards,

Prem.

You can start with new employer on new H1b with no issue regardless what older employer do with I-140. As a matter of fact they can't do anything. However, it is waste of time for you if new employer is not going to or delaying too much in initiating new green card process (from scratch).

If I was in your situation, I would get it cleared from them when exactly they will start the process. As you already have been partially in this process, you should have some idea about rough timeline. Your new PERM will take at least a year, then I-140 could take up to six months. Then, there will be long wait for PD to become current, which can be over 10 years. This is because of your country and category.

Because of this long wait, the severity of your new employer delaying to start green card process is insignificant. All you have to make sure that your new I-140 is ready by the time your PD becomes current. Now, there is bill in US House that is trying to remove country quota. If that passes and goes through all the way to Senate and President, this long wait could be reduced significantly. If that happens, then you could face some delay because of delaying in starting process by new employer. The chances of that happening is unknown at this point with this administration and the fact the the election is coming next year.