Restarting I140 process after change of employer

[vishaalcbe]

Hi,

I got my I140 from an existing employer with SOC Code - 151132. I have now joined a new employer.

*My view*

What I thought was that whenever I jump to a new company, they would start my GC process right from the beginning, meaning advertising, apply perm and then I140. This is what I have heard and seen happening to most of my friends. Please note that I don't have I-485 applied or approved yet by my previous employer.

*What does the HR at the new company say?*

They hired me & applied the H1 transfer with the same SOC code as present in the I140 mentioned above. Since the SOC code is the same, there is no necessity of doing the whole process again like advertising, applying for perm and then I140. Just wait for the dates to be current and then, they will do the next steps like I-485 etc.

There are 2 queries here.

1. Is this the right procedure?

2. If this is the right procedure, then how would USCIS know who my employer is?

I read online that the above procedure is good only when I have both I-140 & I-485(applied or approved), that is I-485 Portability to a New Employer under AC21.

Can anyone please help me here so that I can guide the HR in the right direction? The new employer is a start up and the HR is still unaware of most of the immigration stuff except the H1 transfers.

Thanks,
Vishal S

[JoeF]

They have to start over from scratch. The only thing that can be reused from the old I-140 is the Priority Date.

The company should consult with a good immigration lawyer.

Edited November 22, 2021 by JoeF