Change of Employers during 7th year of H1-B


kishankulkarni

Recommended Posts

Current situation:

My current employer has sponsered my GC and I have the PERM and I-140 approved, awaiting PD to become current. I have also received 3 more years of H1-B extension based on my pending GC application.

1. Can I change to another employer with a similar position and title?

2. My new employer is ready to sponser my GC process, but do they have to start all over again with PERM LC and I-485 or can we utilize the approval from my current employer?

3. If the new employer is agrees to show that the position required a higher qualification like a Masters degree, can I still keep the same PD, but file under EB2?

I would really appreciate if someone with good knowledge of GC process can answer my questions. Thank you very much in advance.

Link to comment

Generally, the regulations allow an individual to utilize an unrevoked/not withdrawn I-140 Approval as the basis for a post sixth year H1B extension even when the I-140 petition was not filed by the same employer who is filing the H1B extension. However, unless you also have an I-485 application pending for 180 days or more, and your new position is the same and/or similar to the position described in the I-140 petition/Labor Certification, you will be unable to utilize the protections offered pursuant to AC21. Therefore, unless your old employer will continue the green card process despite your departure, your new employer will need to start a new green card process on your behalf. In practice, as of this writing, you will be eligible to retain the earlier priority date for the new I-140 filing.

Due to the complexity involved it is advisable to speak directly with a qualified U.S. immigration attorney prior to making any decisions regarding this. The Murthy Law Firm is very well-regarded with extensive experience able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.

Link to comment

Archived

This topic is now archived and is closed to further replies.