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ashah5

Switching jobs after receiving I-140 approval

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My employer has applied for my green card. I have two questions regarding the same

 

1. I received the I-140 approval which has a priority date of Sept 29 2013. This has been filed under EB2 category. Any clues what amount of time I am looking at before this date becomes current ? (I am from India)

 

2. If at this time I leave my employer, what happens to this green card application more specifically 

a. Will USCIS cancel this application ?

b. Can the current employer cancel this application

c. If the answer to any one of the above is 'yes" can I transfer this application under my new employer ?

 

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There are many nuances to your area of questioning, therefore it is advisable to speak directly with a qualified U.S. immigration attorney. The Murthy Law Firm has many qualified attorneys who would be more than happy to answer your questions in detail and based on your specific circumstances.  

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My employer has applied for my green card. I have two questions regarding the same
 
1. I received the I-140 approval which has a priority date of Sept 29 2013. This has been filed under EB2 category. Any clues what amount of time I am looking at before this date becomes current ? (I am from India)
 
2. If at this time I leave my employer, what happens to this green card application more specifically 
a. Will USCIS cancel this application ?
b. Can the current employer cancel this application
c. If the answer to any one of the above is 'yes" can I transfer this application under my new employer ?

 

Employer can revoke approved I-140. You retain PD and new employer has to start GC process from scratch.

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My employer has applied for my green card. I have two questions regarding the same
 
1. I received the I-140 approval which has a priority date of Sept 29 2013. This has been filed under EB2 category. Any clues what amount of time I am looking at before this date becomes current ? (I am from India)
 
2. If at this time I leave my employer, what happens to this green card application more specifically 
a. Will USCIS cancel this application ?
b. Can the current employer cancel this application
c. If the answer to any one of the above is 'yes" can I transfer this application under my new employer ?

 

 

Broadly speaking, the answers are as follows (obviously, as Attorney_22 pointed out, there will be nuances for which you should speak with an attorney before taking any action):

 

1. As of now, there is a looooooooong wait. Per current visa bulletin, it would take 5+ yrs (PDs Nov 04 or earlier are current). Based on "predictions" found on blogs, etc, the expectation is dates will move forward to somewhere between 2008-09 by September this year. Beyond that, who knows! It really depends on the # of EB3 to EB2 upgrades for India. For now, these upgrades are at a higher rate than new visas available!

 

2. If you leave, your employer may revoke the I-140 (USCIS can't do this on its own). In any event, there is no such thing as a "transfer" of I-140. Your new employer will have to go through the entire process again (Recruitment-PERM-I140-etc.). The only thing you can do is "port" (or retain) your Priority Date.

Remember, after 6 yrs on H-1B, you can get 3-yr extensions ONLY if there is a current approved (not revoked) I-140 filed on your behalf. If your employer revokes it, you cannot get H-1B extensions after 6 yrs.

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Broadly speaking, the answers are as follows (obviously, as Attorney_22 pointed out, there will be nuances for which you should speak with an attorney before taking any action):

 

1. As of now, there is a looooooooong wait. Per current visa bulletin, it would take 5+ yrs (PDs Nov 04 or earlier are current). Based on "predictions" found on blogs, etc, the expectation is dates will move forward to somewhere between 2008-09 by September this year. Beyond that, who knows! It really depends on the # of EB3 to EB2 upgrades for India. For now, these upgrades are at a higher rate than new visas available!

 

2. If you leave, your employer may revoke the I-140 (USCIS can't do this on its own). In any event, there is no such thing as a "transfer" of I-140. Your new employer will have to go through the entire process again (Recruitment-PERM-I140-etc.). The only thing you can do is "port" (or retain) your Priority Date.

Remember, after 6 yrs on H-1B, you can get 3-yr extensions ONLY if there is a current approved (not revoked) I-140 filed on your behalf. If your employer revokes it, you cannot get H-1B extensions after 6 yrs.

i have my I-140 approved with my current company A during the first year of h1b. suppose i leave this company and move to company B. If the company A revokes I-140, i know i have to start from scratch with company B by porting PD from company A. should this process be done immediately with company B? if yes, what is the time period to do that? I still have 5 more yrs of h1b. is it possible to port it during 4th or 5th yr of H1b?

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Again, it doesn't matter whether or not employer A revokes I-140 (when you move to another company B). In either case, company B goes through the same process (Labor, PERM, I-140) again.The process is exactly the same as the first time, just that company B needs to do it again.

 

Since you have plenty of time to hit your 6-year limit on H-1, there is no need for employer B to begin the GC process immediately or in the short term. Your will always be able to port your current PD.

 

The key criteria, when you want need H-1B extensions beyond the 6th year, is:

  • There should be an approved (non revoked) I-140 filed on your behalf (by any employer)
  • OR in the absence of the above, PERM application applied on your behalf at least 1 year prior to the 6-year limit (i.e. before the end of the 5th year)

If these conditions are met, your then employer (B) can file 7th year and beyond H-1B extensions on your behalf.

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