Change of academic positions, EB2 question with limited H1b time

[suffolk2325]

I work as a faculty for a university, have approved EB2, I-140 and a PD not going to be current anytime soon. I have job offer from another university, they will sponsor H1b transfer, and work with me in getting I-140 (I pay expenses for GC). I would have started the 5th year of my H1b if/when I officially start to work with this new university in October of 2016. 

 

My question is whether I still have time to apply for (and hopefully receive) a new Labor and I-140 (will opt for premium processing) before it becomes June of 2018, if I start the process by March of 2017? Thanks

[rohang]

as you mentioned you have approved, I140. with that new employer can get H1b with 3 yr validity. So enough time for new GC process.

 

But paying for some part of GC is illegal (e.g. PERM)

[suffolk2325]

Thanks for the reply.

 

1) I am currently on H1b extension through my current employer through June 2018.  If the current employer revokes my I-140 when/if I leave them, I wouldn't get this 3 year H1b extension beyond what I currently have, correct?

 

2) Assuming current employer revokes I-140 when I leave them, and new employer starts my GC process of applying for a DOL in March of 2017, will I have enough time to get a new approved I-140 (premium processing) by June 2018?

[rohang]

1) no, you will get 3yr from the day new employer will file for H1b. Best way of doing it is

a) find a employer

b) Share your 140 details, and ask to file H1b transfer case in premium.

c) Once you have new H1b, leave current employer.

This way, before employer A revokes your I140, you will already have new H1b.

[suffolk2325]

Hello, I am told I can request extension beyond 6 years only 6 months before the 6th year ends. Is this true?

[rohang]

true, but moving to new employer is not considered as extension.

[suffolk2325]

Thanks Rohang. 

 

As far as you know, would previous employers (particularly, universities) cancel I-140 if an employee leaves? How truthful is this news that I hear?

 

Second, my 6th year is from 2015 through 2018, but say my new employer gets it up to 2019 (3 years from 2016) on the basis of approved I-140. Even if my old employer withdraws my I-140, I still get to have H1b up to 2019? 

[smani01]

@Suffolk2325:

 

Did you request your current university that they do not cancel the I-140?