URGENT: I-140 approved: Question for changing job

Recommended Posts



I am on H1-B Visa (used my 6 years) and my PERM (EB-2) is also in process by my current Employer (Emp A). Currently, my I-140 is approved (in Nov 2013) and my PD is March 1st, 2013.

I have got additional 3 year extension on my H1-B until March 2017.


I have got an Offer from Employer B and they are willing to resume with my PERM process.


Before accepting the offer from Employer B, my questions to Emp B.

I have listed some below, please suggest/add based on your knowledge

1.    If my I-140 is not revoked, How soon Emp B can start my PERM and need to make sure they file the same in EB-2 or Priority does not matter if only LCA is filed ? 

2.    If my Emp A does not revoke my I-140, the next Emp B will just have to file a new LCA and that’s it, right  ? And then, I just need to wait for my PD to become current before I can apply for 485 process. Is my thinking right ?

3.    If Emp A revokes my I-140, I need to be get it confirmed from Emp B that they should be able to start my PERM process from scratch.


Few more

4.    Is it a good idea to talk to my Employer A that they should not revoke I-140 or I should just leave that to my luck ?

5.    If my Emp A decides to revoke my I-140, will they contact me before doing so ?

6.    I have heard that the new salary should not be significant higher than the current one. I am getting 15-25% hike from my current salary. Will that be OK or it could cause problems ?

7.    Any other questions I should ask ???


Link to comment
  • 4 weeks later...

1. Emp B can start as soon as they want

2. That's wrong. New employer will need to go through the entire process (labor/perm, i-140, etc.). The only benefit in having a previously approved I-140 (doesn't matter whether or not it was revoked), is you can port your PD.

3. See above

4. Doesn't matter. The key benefit in having an approved I-140 (that has not been revoked) is that current/new employers can file H-1B extensions for you beyond 6 years. In your case, you already have benefited from this (with you current H-1B validity until Mar'2017). Also, if employer A no longer has the "future" job position for you, it would be inclined to revoke the petition.

5. Depends on the employer - they are not required to.

6. Doesn't matter. What is important is the job description and how it is priced in the market. So long as you are paid at or above this level, you  are fine. Previous petitions are irrelevant

7. Do you want to?

Link to comment


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