140 approved, changing jobs prior to 180 days, advisable?

[siddharthreddy]

Hi

 

I got my 140 approved in April (ending) and have an offer from a different company currently. The new employer is willing to file for my GC but i wanted to see if i could retain my priority date since the 180 days from the 140 approval is still due. Though i paid the fees pertaining to the I140 filing i am not sure if my current employer will revoke my petition or not.

 

1) Is it advisable to change the jobs prior to 180 days of 140 approval?

 

2) since i paid for I140 application fee, can my current employer still revoke my petition?

 

 

Thanks

S

[ateetshah]

After I-140 approval you can change your company and retain your PD irrespective of number of days as long as your current company's I-140 is not revoked due to fraud or misrepresentation.

Good luck.

[siddharthreddy]

What is the general trend with companies for revocation? Do they usually just revoke just because an employee left? Or is it only under under bad fall out?

[ateetshah]

What is the general trend with companies for revocation? Do they usually just revoke just because an employee left? Or is it only under under bad fall out?

Could be either. It's all about policy + human emotions which play a factor in the decision. But it's a simple letter request to revoke I-140 mentioning that employee is no longer employed.

[geethb]

This is more relevant for candidates who are near 6th year. If you have sufficient time left in your H1b, then you should be fine. just make sure that h1 transfer gets approved before switching employers.