Need advice on job change after i-140 approved

[dtahiliani]

Hello All,

I have an I-140 approved from my current employer from last 1 yr. Currently, I have got an new opportunity with better profile, benefits but same background skills. I am looking to go ahead with that offer. I am aware about that my current employer needs to restart the whole process again which includes PERM and I-140 refilling. 

I am looking to know that whether i can use my current i-140 which is approved by my current employer to get further extensions until new organization files the new PERM and I-140, also will there be any issue at time of stamping, how long will my i-140 stay active, will it impact EAD ?

Please help me with your inputs on the same.

[pontevecchio]

It may be a good idea to occasionally look through the website. The new rules are such that if your I-140 was pending more than 6 months, you are entitled to further H1 extensions with ANY employer till the PD of that I-140 is reached and this holds even were the I-140 to be subsequently revoked.

[dtahiliani]

Hello All,

I was checking certain website, it clears says if USCIS feels something is fraud or fishy then they have authority to revoke the I-140, it doesn't say that after 180 days organization as right to revoke .. 

Could you please help with more information on the same ?

[dtahiliani]

Hello pontevecchio,

Thanks for your response, my question is can i use the same I-140 of my previous employer to get extensions further even though i have joined the employer "B"  unless my PD comes?

There can be scenario where my "B" employer fills the PERM or whole process after 1 yr and my extension is due in that can we use the same i-140 of "A" employer to get extension?

Also what does it means when employer says we will port your i-140 PD at time of transfer ?

 

Please help me your inputs.

 

[User099]

You can use your I140 from previous employer for all future H1 extensions until the PD is current, even if your previous employer revokes the I140. 

Your new employer will be able to maintain the PD from your current I140 when they file for a new I140.

[pontevecchio]

Yes.

You retain the PD of your first approved I-140 for any subsequent filing.