I140 after priority date reached

[shri99]

Hi people,

I have a question about I140. If I achieved I140 with former employer but now working with new employer, what happens if priority date comes up? Old employer is notified but if he does not go forward with case, what happens with ur application? Cancelled or remains available for future H1 transfers with 3 yr extension?

Thx

[Attorney_22]

Generally, the regulations allow an individual to utilize an unrevoked/not withdrawn approved I-140 as the basis for a post sixth year H1B extension even when the I-140 was not filed by the same employer who is filing the H1B extension. However, unless you also have an I-485 application pending for 180 days or more, and your new position is the same and/or similar to the position described in the I-140 petition/Labor Certification, you will be unable to utilize the protections offered pursuant to AC21. Therefore, unless your old employer will continue the green card process despite your departure, your new employer will need to start a new green card process on your behalf. If you have additional questions regarding this matter please contact a qualified U.S. immigration attorney directly to obtain more detailed information relating to your personal circumstances. The Murthy Law Firm is very well-regarded with extensive experience able to provide you with excellent assistance. Please feel free to call our office to schedule a consultation with one of our attorneys.