I-140 approved and switching employers

[tayalsachin]

Hi,

Need urgent help to decide on switching the employer.

My GC has been filed in EB3 category. I have my I-140 approved and PD of May 2008. I had received an H1 extension based on my I-140 and it is valid till May 2013.

Now I am looking at switching jobs and wanted to check few things.

1) Can the new employers file for extension along with the transfer based on my approved I-140 with the previous employer? Are there any risks in getting a RFE just because of this?

2) Can the new employer file a new PERM quickly and use it the get my H1 extended beyond May 2012?

3) In case my previous employer pulls back the I-140, can the new employer still use it for H1 extension as the pullback is not due to fraud?

4) Will I retain my priority date even if the I-140 is pulled back by the previous employers?

Thank you all.

[pontevecchio]

1. Yes and No. You don't want much. Do You?

2. No such thing as a quick PERM. It does take time. Based on I-140 approval you will get H1 extensions.

3. No extensions beyond the current H1 expiry in that case.

4. Ordinarily Yes.. in the absence of fraud.

[tayalsachin]

Thanks pontevecchio

I am asking my new employer to file for the transfer and extension at the same time. They have come back and said that this has more chances of getting an RFE.

So they want to just file for transfer right now and then apply for extension later using my current I-140. Are there any risks with their approach?

I don't understand why their approach is better then filling transfer and extension at the same time. Can someone help me here?

[pontevecchio]

It could be that they want to assess you before a longer commitment.

[Attorney_22]

For your understanding, H1B approvals don’t actually transfer between employers and positions. Therefore, each time a new employer files an H1B change of employer petition on an individual’s behalf, USCIS will review and assess that petition completely whether or not an extension of time is also requested. There are no shortcuts or ways to avoid USCIS analyzing the legitimacy of the petition in regards to the position and the qualifications of the Beneficiary. Thus the employer filing the change of employer petition will not gain anything by not also asking for an extension of stay of which they are able to document a need which substantiates that request (such as end-client contracts if a consulting position). If you want to discuss this in more detail it is advisable to speak to a qualified U.S. immigration attorney directly. The Murthy Law Firm has a very well-regarded Green Card Department with extensive experience who would be able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.