Changes in Employer / Employment and Green Card Processing

[Attorney_22]

This week, Murthy Law Firm attorneys will answer questions regarding changes in employment during in the green card process, or after the green card is issued.

Rules for Topic of the Week Threads:

1. Attorney's postings contain general information only and are not a substitute for case-specific legal advice.

2. The attorney will answer only those questions which relate to the main subject. If you have a question on some other issue, please start a new thread in the appropriate forum section.

3. The attorney will not necessarily answer every question posted and may provide a single answer to a group of similar questions.

4. Please do not provide information which would identify any specific company, university or individual.

[NotAnAttorney]

I have got an approved I-140 from my ex-employer and was withdrawn only after 180 days of approval during Oct 2017.

Can I use this approved I-140( from ex-employer) to get multiple H1B extensions with my current employer or any other employer that I might work with?

 

[ManishGupta8]

Hello,

I have the below situation, please help me with the best.

I am USA from last 11+ years and I used to work with Employer A(Previous) and had a approved I-140 with them and shifted to new Employer B(Current) 

My I-140 thru employer A  is approved in Oct 2015 (180 days passed) and I left that employer in Dec 2016 to start my employment with Employer B. I know that my old employer has not withdrawn my I-140 yet and based on new rule now they cannot even withdraw.

My wife also has approved I-140 thru her employer from 2012, and she is still working for same employer. 

1. In worst case scenario (if needed), can I go to H4 EAD (based on my spouse I-140) , have my Green card apply thru my new employer C  ? If yes then will they be able to port my priority date from my original I-140 when I was on H1B ? Moreover after H4 EAD holder receives his own I-140 (while on H4 EAD), do they still have dependency on primary H1 B holder ?

2. If I have to go back to my country due to Visa Issues, then in order to get H1B visa again, will I be counted towards the country yearly quota limit and hence have to go thru lottery system or will I be excluded from lottery as I have been counted once initially ?

3. Am I CAP exempted  and will always remain CAP exempted (assuming government does not make any policy change)? I believe this goes with above question but still wanted to make sure ? 

Thankyou !!

[Attorney_22]

On 11/30/2017 at 4:01 PM, NotAnAttorney said:

I have got an approved I-140 from my ex-employer and was withdrawn only after 180 days of approval during Oct 2017.

Can I use this approved I-140( from ex-employer) to get multiple H1B extensions with my current employer or any other employer that I might work with?

 

Generally that is correct. However this benefit will end when your priority date is current. 

[Attorney_22]

On 11/30/2017 at 11:48 PM, ManishGupta8 said:

Hello,

I have the below situation, please help me with the best.

I am USA from last 11+ years and I used to work with Employer A(Previous) and had a approved I-140 with them and shifted to new Employer B(Current) 

My I-140 thru employer A  is approved in Oct 2015 (180 days passed) and I left that employer in Dec 2016 to start my employment with Employer B. I know that my old employer has not withdrawn my I-140 yet and based on new rule now they cannot even withdraw.

My wife also has approved I-140 thru her employer from 2012, and she is still working for same employer. 

1. In worst case scenario (if needed), can I go to H4 EAD (based on my spouse I-140) , have my Green card apply thru my new employer C  ? If yes then will they be able to port my priority date from my original I-140 when I was on H1B ? Moreover after H4 EAD holder receives his own I-140 (while on H4 EAD), do they still have dependency on primary H1 B holder ?

2. If I have to go back to my country due to Visa Issues, then in order to get H1B visa again, will I be counted towards the country yearly quota limit and hence have to go thru lottery system or will I be excluded from lottery as I have been counted once initially ?

3. Am I CAP exempted  and will always remain CAP exempted (assuming government does not make any policy change)? I believe this goes with above question but still wanted to make sure ? 

Thankyou !!

It is best if we discuss your situation over the phone. Please call our office to schedule a time to speak with us. 

[NotAnAttorney]

1 minute ago, Attorney_22 said:

Generally that is correct. However this benefit will end when your priority date is current. 

Thank you so much for the feedback.

[nitrohaze]

Hi

I have  questions regarding h4-h1 cos, wherein my friend has an approved i140 and is working on h1b for the past 5 years ,she is working for an employer but now plans on moving to h4.

How does this transition between h4-h1 COS work?

1. Can she work once she gets a receipt or does she need to wait for h1 to be approved? 

2. How long does it take to get the receipt or the h1 approved and is there premium processing that could help expedite the process for COS ?

3. What happens if the employer revoked her h1 while she is on h4 

4. Can the i140 be revoked by the employer and what is the impact if any

Please let me know if there is something I need to be aware of

 

 

 

[Mich]

I am leaving my previous employer and joining a new company. I gave my 2 wks notice for resignation to my ex employer .He is not accepting my resignation and is asking me to extend for another two weeks. I have already set a joining date with my new company. Now my ex employer owes me wages . What should I do if he doesn't pay up? I am on an H1b visa. Now he says he is going to send legal notice to my new employer. Please help

[Raja Strat]

Hi, Currently, I'm in a strange situation and don't know how to proceed forward without any visa status violations. Here is my situation. Currently I'm on OPT status valid till may 2018. I have a h1b petitions from two different companies ("A" & "B"), that were picked up in this year(2017) lottery. Currently I'm working for "A" on OPT status, whose h1b petition approval is pending with USCICS. The "B" h1b petition is approved today with today as start date. Can I wait till "A" petition gets approval and then decide with whom to go? What to do if I'm interested to stay with "A" (if "A" petition gets approval)? Please advise

[Aandavaa]

Hi ,

Iam a Registered Nurse working in Texas.

Is there a special queue for Nurse Green card or they will also fall under the same queue as per the VISA Bulletin?

 

Regards

Dev

 

[Attorney_22]

On 12/7/2017 at 2:21 PM, Aandavaa said:

Hi ,

Iam a Registered Nurse working in Texas.

Is there a special queue for Nurse Green card or they will also fall under the same queue as per the VISA Bulletin?

 

Regards

Dev

 

Registered nurse positions are exempt from the labor certification process, however they are still subject to the visa bulletin. 

[Attorney_22]

On 12/6/2017 at 10:45 PM, Raja Strat said:

Hi, Currently, I'm in a strange situation and don't know how to proceed forward without any visa status violations. Here is my situation. Currently I'm on OPT status valid till may 2018. I have a h1b petitions from two different companies ("A" & "B"), that were picked up in this year(2017) lottery. Currently I'm working for "A" on OPT status, whose h1b petition approval is pending with USCICS. The "B" h1b petition is approved today with today as start date. Can I wait till "A" petition gets approval and then decide with whom to go? What to do if I'm interested to stay with "A" (if "A" petition gets approval)? Please advise

It depends on how the petitions where filed. Please call out office to speak to an attorney. 

[Attorney_22]

On 12/6/2017 at 5:25 PM, Mich said:

I am leaving my previous employer and joining a new company. I gave my 2 wks notice for resignation to my ex employer .He is not accepting my resignation and is asking me to extend for another two weeks. I have already set a joining date with my new company. Now my ex employer owes me wages . What should I do if he doesn't pay up? I am on an H1b visa. Now he says he is going to send legal notice to my new employer. Please help

Although there are some aspects of immigration law to your question, your primary concerns may be better addressed by an employment attorney. 

[Attorney_22]

On 12/5/2017 at 3:10 PM, nitrohaze said:

Hi

I have  questions regarding h4-h1 cos, wherein my friend has an approved i140 and is working on h1b for the past 5 years ,she is working for an employer but now plans on moving to h4.

How does this transition between h4-h1 COS work?

1. Can she work once she gets a receipt or does she need to wait for h1 to be approved? 

2. How long does it take to get the receipt or the h1 approved and is there premium processing that could help expedite the process for COS ?

3. What happens if the employer revoked her h1 while she is on h4 

4. Can the i140 be revoked by the employer and what is the impact if any

Please let me know if there is something I need to be aware of

 

 

 

It is advisable to discuss these questions over the phone. Feel free to call our office to schedule with an attorney. 

[Ananymous31]

Hi,

I have below situation here,

Employer A : Current Employer filed Visa Extension.

Employer B: Filed Visa Transfer and got Successfull Visa transfer in premium processing.

Now I have below queries,

1. Can I join New Employer B anytime as I have approved visa? Or I have to wait for my extension got approved with Employer A.

2. Let say my visa got over on 5th Jan’18 with current Employer A (filed Visa Extension) and I have Petition got approved from 1st Jan,18 for New Employer B. So can I join New Employer B on 10th Jan’18?

Please advise me on that. Thanks in advance..

 

[Attorney_22]

2 hours ago, Ananymous31 said:

Hi,

I have below situation here,

Employer A : Current Employer filed Visa Extension.

Employer B: Filed Visa Transfer and got Successfull Visa transfer in premium processing.

Now I have below queries,

1. Can I join New Employer B anytime as I have approved visa? Or I have to wait for my extension got approved with Employer A.

2. Let say my visa got over on 5th Jan’18 with current Employer A (filed Visa Extension) and I have Petition got approved from 1st Jan,18 for New Employer B. So can I join New Employer B on 10th Jan’18?

Please advise me on that. Thanks in advance..

 

Due to the specific nature of your question, it is best to discuss this on a call with one of our attorneys. 

[Priyanka03]

Hi, I recently moved to the other team (with in the same company) and my Title(position) is the same with 20-30% different responsibilities.

The Prevailing wage was approved based on my previous position( responsibilities). 

Since now I have changed the team, is it required to re submit the prevailing wage. 

I will appreciate the advice. 

Thanks!

[srini0810]

Hi,

I am on H1 and have an EAD with 485 pending for 2 years. My client offered full time position and has also offered to do H1 as well as support for GC. I wanted to move to my client on H1 (as a back up). 

If i transfer my H1 to my client, what would happen to my 485? After H1 transfer to client, can i use AC21 or do i need to restart the PERM process again?

Appreciate any advice as i need to make a decision soon.

Thanks!

 

[Attorney_22]

On 12/21/2017 at 11:41 AM, Priyanka03 said:

Hi, I recently moved to the other team (with in the same company) and my Title(position) is the same with 20-30% different responsibilities.

The Prevailing wage was approved based on my previous position( responsibilities). 

Since now I have changed the team, is it required to re submit the prevailing wage. 

I will appreciate the advice. 

Thanks!

The answer really depends on the specifics of the position. You should share the new job details with your attorney and discuss if a new PERM is necessary. 

[Attorney_22]

19 hours ago, srini0810 said:

Hi,

I am on H1 and have an EAD with 485 pending for 2 years. My client offered full time position and has also offered to do H1 as well as support for GC. I wanted to move to my client on H1 (as a back up). 

If i transfer my H1 to my client, what would happen to my 485? After H1 transfer to client, can i use AC21 or do i need to restart the PERM process again?

Appreciate any advice as i need to make a decision soon.

Thanks!

 

You most likely can utilize AC21, however you have to make sure the original position in the labor certification/I-140 is substantially similar to the new position. Accordingly, it is advisable to speak with your attorney regarding the comparison and any other unique circumstances of your situation. You can also schedule a consult with one of our attorneys. 

[N1016]

Hi,

My current H1B expires in May 2019. I took up an opportunity with a big company in mid 2016 and moved from my previous employer with whom i had approved i-140 (approved in 2014). The current company I am at has been very slow with the PERM process and finally has placed my PERM on hold till May 2018. I am not sure if that would place me in Red zone with my H1B extension next year since my previous employer has revoked my 140 (confirmed ) and I am already in my 7th year of H1B. 

It would be great if someone can advice me how to proceed .

[Attorney_22]

On 1/4/2018 at 0:21 PM, N1016 said:

Hi,

My current H1B expires in May 2019. I took up an opportunity with a big company in mid 2016 and moved from my previous employer with whom i had approved i-140 (approved in 2014). The current company I am at has been very slow with the PERM process and finally has placed my PERM on hold till May 2018. I am not sure if that would place me in Red zone with my H1B extension next year since my previous employer has revoked my 140 (confirmed ) and I am already in my 7th year of H1B. 

It would be great if someone can advice me how to proceed .

When was the I-140 revoked?