Initiate GC with new employer


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I have approved 1140 more than 180 days old (almost 4 years old) with previous employer and my priority date is in Feb 2012 so no 485 is filed. I have recently changed my employer and my new H1b is expiring on June 2022 and they want to start my GC process in Nov 2020. I'm requesting them to start my GC immediately due to below two concerns.

#1. There is another bill in discussion and if that becomes a law then I may become eligible to apply for 485 and apply for EAD with in one to two years’ time frame and that is possible only if I have approved perm and I140 from new employer. I do not want to end up in a situation when this bill becomes a law and I do not have approved I140 to apply for 485. Please see the details below.

H.R.1044 - Fairness for High-Skilled Immigrants Act of 2019

#2. I do understand USCIS policy says once I complete 180 days with my previous employer, I can get H1b extension even if previous employer withdraws the approved I140 but again it is USCIS policy which got revised on Jan 17, 2017 (below is the link) and it is not a law that means it may get changed. If that happens then my withdrawn I-140 will not be applicable to file for H1b extension with new employer after the expiry of current H1B then I will lose all my hard-earned money and time I have invested with my previous employer to reach to a point of getting approved I-140 and security of my life continuation in this country. 

Withdrawing Form I-140 ( [])

Please suggest are my concerns valid OR it is okay to wait for one year to start my GC process? Appreciate your honest and wise response. 🙂

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Assuming you are EB-2 India:

Normally you should always encourage employer to start GC process as soon as possible. Nobody knows when/if your #1 bill becoming a law. However, considering starch difference of opinions in congress and political situation, passing anything new related to immigration is distant possibility. You have valid reason to suspect if anything goes wrong about possibility of not approving H1b extension. Coming back to my original claim, it is remotely possible to pass such bill as there are many in boat that will get affected thereby affecting few companies, which are dependent on such employees.

Since your PD is Feb 2012, most likely none of chart is going to catch that is next 2-3 years. This means you have time to wait if your employer do not want to start procedure right away. But then, you still should pursue them to do so....Good luck!

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