Changing Employer

[karthick_mathan]

Hi,

 

I am currently employed with Employer A. My 140 is approved and is with Employer A, EB3 and H1 valid until Jan 2015. I recently applied for an extension and obtained a 1 year extension on my H1 with approved 140. Now in my 7th year of H1.

 

I am now looking forward to pursue new opportunities with a new employer. Do I have to go through PERM and 140 processes again if I seek new employment? Can these be accomplished within an years time and will I be able to file my H1 extension post Jan 2015. Are there any risks in doing so? Is it a correct time to switch employer?

 

Please advice.

[jairichi]

Hi,

 

I am currently employed with Employer A. My 140 is approved and is with Employer A, EB3 and H1 valid until Jan 2015. I recently applied for an extension and obtained a 1 year extension on my H1 with approved 140. Now in my 7th year of H1.

 

I am now looking forward to pursue new opportunities with a new employer. Do I have to go through PERM and 140 processes again if I seek new employment? Can these be accomplished within an years time and will I be able to file my H1 extension post Jan 2015. Are there any risks in doing so? Is it a correct time to switch employer?

 

Please advice.

If your employer A agrees not to revoke your I-140 then there is no requirement. But, if employer A is planning to revoke you need to go through the whole process of GC again with employer B. You can port and retain priority date.

[Belle]

For the purposes of filing a new H1 extension, you can use a different employer's I-140, assuming it has not been withdrawn. For the purposes of the green card application, your new employer will have to file LC and I-140 again. You will keep the PD.

[ashluck]

Its going to be risky for you if your I 140 is revoked by employer A and if that happens you will have to get new I140 approved before you file next extension, 1 year time could be little short in the end for this.