6 years ending, I-140 approved, Can I change to a new job?


Recommended Posts

Here is my current situation...

I am working as a contractor to a big company A and as an employee to a consulting firm X. My 6 years of H1B expires on 2nd October 2014. I have been out of the country 3 times for vacation while on vacation and that adds up to about 15 weeks (probably Jan 2015).

My employer “X” has started my GC process in 2012, my priority date (date LCA was filed) in June 2012; and as of now my LCA and I-140 are approved. At this point I’m in the waiting game for my date to become current.

  1. I want to move to a new job, full-time at this time if and only if my new employer say Y, agrees to start my GC process immediately.
    1. Also now that I have my priority date as June 2012, when I change jobs - will I be subject to the one year rule again – “the foreign national must be the beneficiary of an LC filing made 365 days prior to the end of 6 years”.
    2. How can I make sure to not lose my priority date, to carry on my priority date with my new employer?
    3. Will my employer X revoke my I-140? It what situations can that happen?
  2. I think my contract with company A, (as an employer to X), will continue till Oct-2014, but I cannot take any chances if my contract ends. (This employer X has very few big clients who have long term contracts).
  3. Is it better for me to stick with my employer X (contracting for Company A), till they file for my 3 years extension and once I get that extension till 2017; I can move to another company.
  4. Another risk – Company A never gives client letter, so I’m not sure how my employer X – will manage getting me a 3 year H1B extension in this case (X and A have strong relationships). That’s why I want to find a full-time job and move but I’m scared if this is a wrong time, as I’m just a year away from expiring my 6 years of H1.


Want to mention that I don’t have an option of going to H4.


An honest request to the experts to let me know what options I have in the current situation that I’m in. Please let me know if moving to a new job at this stage is wise or if I have to wait.


Thanks a million for your time and response(s)!!


Link to comment


This topic is now archived and is closed to further replies.