I-140 approved and planning to change the company in 7th yr. Is is safe??

[DarshiniK]

Hi all,

I am currently working with Company A , who has applied for PERM and I have PD as Dec 2010, and I-140 approved.

I am in my 6+th year of H1B with this company and which ends in Nov 2013.

I am planning to change my job and I have following questions:

1. Can company A, cancel my i140? If so, when should the company B file to avoid missing the existing Priority Date

2. If I change to company B, can I use the I-40 from company A to get an extension beyond the 7th year?

3. If the company B sponsors me for the new PERM, by when should I apply LC for the new perm so that I can apply for

H1B extension beyond the 7th year.

4. What would be the last period/month of time this year, to move to the companyB, so that I would have ample time to

filling new PERM, taking in view of the prefilling procedures and processing time for new LCA and new I-140(proting old proirity date)

5. Is there any likely-hood of getting the H1 transfer from company B for less than 3 years? If so, what are the

options?

6. If the PERM from company B not approved before Nov 2013, and H1 transfer from company A to company B is only till

Nov 2013 can the H1 extension be filed by Company B?

All suggestions are much appreciated.

Thanks much in advance.

[kalyan_ac]

Hi all,

I am currently working with Company A , who has applied for PERM and I have PD as Dec 2010, and I-140 approved.

I am in my 6+th year of H1B with this company and which ends in Nov 2013.

I am planning to change my job and I have following questions:

1. Can company A, cancel my i140? If so, when should the company B file to avoid missing the existing Priority Date

Company A can revoke the I140 anytime. Company B has to file before the I140 has been revoked.Even if the I140 is revoked, the H1b that is approved based on the old I140 will be invalid.

2. If I change to company B, can I use the I-40 from company A to get an extension beyond the 7th year?

You can use it as long as it is not revoked.

3. If the company B sponsors me for the new PERM, by when should I apply LC for the new perm so that I can apply for

H1B extension beyond the 7th year.

1 year before the end of the 6 year period.

4. What would be the last period/month of time this year, to move to the companyB, so that I would have ample time to

filling new PERM, taking in view of the prefilling procedures and processing time for new LCA and new I-140(proting old proirity date)

Irrelevant.

5. Is there any likely-hood of getting the H1 transfer from company B for less than 3 years? If so, what are the

options?

Depends from case to case,cannot comment without the exact details.

6. If the PERM from company B not approved before Nov 2013, and H1 transfer from company A to company B is only till

Nov 2013 can the H1 extension be filed by Company B?

Yes,as long as the PERM is older than 365 days.

All suggestions are much appreciated.

Thanks much in advance.