I-140 Approved, Changing Jobs

[deviationz]

All:

I have an approved I-140 from my current company. There have been a lot of financial strains on the company and a few layoffs.

The company has agreed to keep the I-140 active. I want to renew my H1-B for 3 years based on my approved I-140 and then transfer the H1-B to a new company.

1. Will a new PERM have to be filed even though the job profile is not changing (less than 50%).

2. Will it suffice if the new company gives a letter that it will take over the existing approved I-140 and file for I-485 when PD becomes current?

I don't want to quit this job and change if I have to definitely do the PERM all over again.

Thanks

[Belle]

1. If it is a new company, a new LC will have to be filed (unless you use AC21 portability, which you don't appear to). Responsibilities do not matter here, same or completely different.

2. You seem to be confused about the process. Very confused.

"I don't want to quit this job and change if I have to definitely do the PERM all over again."

Why? You probably have a ton of time on your hands before the PD is current. Might as well get another PERM/I-140.

[deviationz]

I am not confused. Just worried. I have already gone through PERM, denied one because of some lame reason. Got PERM approved a second time and got the I-140.

Whether it's really worth the risk is the question at hand.

[Belle]

"2. Will it suffice if the new company gives a letter that it will take over the existing approved I-140 and file for I-485 when PD becomes current?"

I don't know if you are confused or not, but your question makes no sense whatsoever. Will it suffice for what? What are you trying to do? No, the new company can't "take over" I-140 from another company unless you are using AC21 portability. Companies don't file I-485s, beneficiaries do. Again, it looks like you are very confused about how the whole thing works.

If your PERM was denied in the past you simply need a better lawyer. It's not rocket science, trust me.

[karanmokati]

Yes, your new employer definitely have to file for a new Perm for you but the good thing is, if you have an approved I-140, you can atleast port your priority date. That would be the only solutition unless you wait for your PD to become current, file for I-485 and wait for 6 months before you move to a new employer so that you are AC21 eligible.

Thanks

Originally posted by deviationz:

I am not confused. Just worried. I have already gone through PERM, denied one because of some lame reason. Got PERM approved a second time and got the I-140.

Whether it's really worth the risk is the question at hand.

[sidharth07]

Hi Belle

Just a followup question on this . What is AC21? at what stage of GC does an applicant become AC21 eligible?

Appreciate your reply

thanks

Sidharth

Originally posted by Belle:

"2. Will it suffice if the new company gives a letter that it will take over the existing approved I-140 and file for I-485 when PD becomes current?"

I don't know if you are confused or not, but your question makes no sense whatsoever. Will it suffice for what? What are you trying to do? No, the new company can't "take over" I-140 from another company unless you are using AC21 portability. Companies don't file I-485s, beneficiaries do. Again, it looks like you are very confused about how the whole thing works.

If your PERM was denied in the past you simply need a better lawyer. It's not rocket science, trust me.