Employment Change after I-140

[daliangaurav]

Hello,

I have my I-140 (EB2) from Company A. I moved to Company B and got my 3 year H1B transfer using the I-140.

Can I move to Company C and use the I-140 from Company A to get a 3 year extension and get my I-140 transferred to Company C?

Thanks.

[pontevecchio]

The I-140 cannot be transferred. You can have C file your H1 petition and get it approved before A revokes the I-140. You retain the PD if C files PERM I-140 etc and gets it approved.

[nagakollipara]

when we transfer from company A to C, i got approved I-140 with the company A,and company C is starting the GC processing. Is it possible to transfer the GC date from Company A to C?

[pontevecchio]

Yes. Once the PERM and I-140 is approved with C you retain the original PD.

[sama15025]

does it mean that even after you have perm and 140 approved by A when you move to any other company you still need to file again PERM/I140?

if you file will the PD would be the date when NEW employer filed PERM or old employer A filed date?

Why cant we transfer approved I140?

[catx]

Does it mean that even after you have PERM and I-140 approved by A when you move to any other company you still need to file again PERM / I-140?

If you file will the PD would be the date when NEW employer filed PERM or old employer A filed date?

Why cant we transfer approved I-140?

First, a PERM labor certification application is for an employer's specific job, and the subsequent I-140 petition is based on that employer's specific job. Since both are directly related to an employer's specific job, they are not applicable to another employer nor job, and thus not 'transferable'. However, the USCIS does allow you to retain your first (original) priority date on any subsequent new PERM labor certification application and I-140 petition.

[duskandawn]

Hi,

Question on the same terms, if Company C takes some time in applying for GC.

Will you be getting another 3 year extension from C, based on your approved I-140 from Company A ?