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Hello All,

My I-140 got approved in September 2015. My H1B is going to end in September 2017. At that date it will be completion of 6 years for me on H1B. My current employer has decided to file for me in EB3 category. I am planning on changing my company because I would like to apply in EB2. I am not sure if my current employer will revoke my I-140 if I switch companies. When would be the earliest time to switch without letting go my I-140 status ? is it possible at all ? Thanks in advance.

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If I-140 is not going to be revoked then you can switch any time. If it is going to be revoked you can stay with new employer till 6 years on H1B unless you have a new I-140 approved.

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Hello All,

My I-140 got approved in September 2015. My H1B is going to end in September 2017. At that date it will be completion of 6 years for me on H1B. My current employer has decided to file for me in EB3 category. I am planning on changing my company because I would like to apply in EB2. I am not sure if my current employer will revoke my I-140 if I switch companies. When would be the earliest time to switch without letting go my I-140 status ? is it possible at all ? Thanks in advance.

There is no earliest time, once you change the employer your previous employer can revoke I140 at anytime.

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If I-140 is not going to be revoked then you can switch any time. If it is going to be revoked you can stay with new employer till 6 years on H1B unless you have a new I-140 approved.

How long will it take to get the new I-140 approved from the new employer ? Will he have to start with the entire process again ? Can he use the already approved PERM ? My I-140 took about 3 weeks to get approved after I got PERM (premium processing). Can the new employer just file for new I-140 based on the previous PERM approval ?

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How long will it take to get the new I-140 approved from the new employer ? Will he have to start with the entire process again ? Can he use the already approved PERM ? My I-140 took about 3 weeks to get approved after I got PERM (premium processing). Can the new employer just file for new I-140 based on the previous PERM approval ?

1.15 calendar days by PP. 

2. Yes, if it is with new employer.

3. No.

4. No.

 

New employer has to start from beginning.

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