I140 approved; want to change to another employer

[srineel]

Hi,

My current employer filed for my GC. Labor & I140 got approved and I am in the 3 yrs extension period after the completion of first term of 6 yrs. I have still 2 yrs left to visa expiration.

I got an offer from another employer and they are ready to sponsor H1. So, I want to change employer. Can you please help me clarifying below?

1. if I join the new employer, will I have any risk of H1 transfer rejection?

2. After joining the new employer, can the new employer start my GC processing again (assuming once my I140 with new employer is approved, I can port my PD) without any issues?

Thanks in advance for help.

[luciferrz]

I'm in the exact same situation, any response from senior members is much appreciated.

[Rajarajesh]

1. if I join the new employer, will I have any risk of H1 transfer rejection?

A: No there is no risk. I did it same and I got it

2. After joining the new employer, can the new employer start my GC processing again (assuming once my I140 with new employer is approved, I can port my PD) without any issues?

A: 90 % of cases I saw in this forum you will get your old PD.

[b9modi]

Hi,

I am in a similar situation...

I received an I-140 approval in April 2011 and the priority date is November 2010. Based on this I got my 3 year extension beyond the 6 years H1B and I am considering switching jobs. I believe the new job description has to match the one provided during the PERM labor approval process. However, please confirm and advice.

I will also appreciate if you can help me understand if it is even feasible to have the current employer continue the GC process while I transfer to another employer as GC is for future employment and then I could try to request the current employer to continue it if it is even possible.

The last question would be the implications of being posted outside the country with the new employer. They have good opportunity and need someone to kick start their operation in Asia and I am not sure how it will affect the H1B transfer during this extension period and the impact of changing employer while maintaining the priority date.

Another fellow in a GC dilemma in this economy contemplating better opportunity vs waiting for legal immigration.

Modi