New Employer after I 140 approved

[kmathur]

Hi,

 

I am on H1B Visa since OCt 2008.

 

Green card application is at I 140 approved stage - I 140 approval June 2011,

 

EB2 Category

 

Current H1B expires April 2015 ( This is when 6 years for H1B completes)

 

A very good company wants to hire me. But they do not do Green Cards,they do only H1Bs

 

The Job Description will be somewhat different as new position is more managerial than technical.

 

Questions I have -

• Can I change employer with my current employer keeping the GC case open? ( I am sure they will keep the case open - as the new employer is big client for them..)
• If new employer does not do green cards, can I file I 485 with current company once date becomes current, even if I will not be working with them any more?
• If I am okay with Green card process going to waste, How long will I be granted H1B for with the new company ?

 

Appreciate all the replies in advance.

Thanks

KD

 

[kmathur]

I am not sure if I need to do any thing special for this post to be visible .. why am I not getting any responses ?

[madhu418]

hey KMathur,

 

i am not an attorney, but if the new job title is a mangerial position and the company is not willing to do green cards, looks for self petition options in either EB1 or EB2 category that doesnt need a PERM approval. Also find out if your new employer will help you in providing paper work for you to process GC on your own.

[xfitter]

 

Questions I have -

• Can I change employer with my current employer keeping the GC case open? ( I am sure they will keep the case open - as the new employer is big client for them..)
• If new employer does not do green cards, can I file I 485 with current company once date becomes current, even if I will not be working with them any more?
• If I am okay with Green card process going to waste, How long will I be granted H1B for with the new company ?

1) If your present employer is fine with keeping the GC case open, I think it's okay to change employer, as GC is for future employment. But do not just assume your current employer will continue your GC processing just because your new employer is a big client of your current employer. Also, I think it's considered fraud if you have no intent to work for the petitioning employer - am not sure - I remember reading something similar in this forum. And you may face questions/issues if you are planning to naturalize later.

 

2) I believe you can file I-485 if your current employer still offers you the position - you would need EVL from current employer.

 

3) Your 6 year term would be complete only in 2015, and it looks like your PD is < June 2011 in EB2. You can get 3 year extension whenever you transfer based on approved I 140, as long as your PD is not current at the time of transfer, and approved I 140 is not revoked. If your new employer doesn't get an approved I 140, and if your old I 140 is revoked or if your PD does not become current before your H1 expires, you would have to leave whenever that H1 expires.

 

Please consult a qualified immigration attorney to confirm. My opinion above is just based on reading this forum for last several months. :-)

[pontevecchio]

• Can I change employer with my current employer keeping the GC case open? ( I am sure they will keep the case open - as the new employer is big client for them..)

No reason why you cannot.

• If new employer does not do green cards, can I file I 485 with current company once date becomes current, even if I will not be working with them any more?

Too hypothetical a question. Once your AOS in the future is pending 180 days you can change employers but in the same field.

• If I am okay with Green card process going to waste, How long will I be granted H1B for with the new company ?

You are entitled to 3 year H1 extensions beyond the initial 6 if the I140 is not revoked before that.

[kmathur]

Thanks venki,

 

I think self petition is allowed only in national interest waiser program, I dont think i can prove it to be a niw case...

 

the lawyer from the new company replied to us, and mentioned GC process will be abonded as soon as I quit my current employer, which I dont believe is true... He says I can be hired only for the remaining period ( from 6 years allowed on H1) if I get employed to new employer..

 

Disappointing, not sure if I am getting correct information.

[kmathur]

1) If your present employer is fine with keeping the GC case open, I think it's okay to change employer, as GC is for future employment. But do not just assume your current employer will continue your GC processing just because your new employer is a big client of your current employer. Also, I think it's considered fraud if you have no intent to work for the petitioning employer - am not sure - I remember reading something similar in this forum. And you may face questions/issues if you are planning to naturalize later.

 

2) I believe you can file I-485 if your current employer still offers you the position - you would need EVL from current employer.

 

3) Your 6 year term would be complete only in 2015, and it looks like your PD is < June 2011 in EB2. You can get 3 year extension whenever you transfer based on approved I 140, as long as your PD is not current at the time of transfer, and approved I 140 is not revoked. If your new employer doesn't get an approved I 140, and if your old I 140 is revoked or if your PD does not become current before your H1 expires, you would have to leave whenever that H1 expires.

 

Please consult a qualified immigration attorney to confirm. My opinion above is just based on reading this forum for last several months. :-)

Thanks, very imformative... The lawyer from new employer go back again, saying, yes they can do 3 year extension. Wohoooo...

 

Now the question remains, assuming (priority date OCt 2010) becomes current within these three years , what are ways to file I 485 event hough I dont work for the employer which filed I 140. You mentioned EVL .. what is that ?

 

thanks again, for your guidance.. And yes definitely attroney is in place, the new employer has already started talking and getting advices from attorneys...