I-140 PD carry to another employer

[ghsbhat]

I-140 approved a week back in EB2 with current employer, I am getting an offer from another Employer to join them as full time.

 

1. Is there any time limit I need to stay with my current employer after I-140 approval, if yes what is the time limit

2. If my current employer cancel my I-140, still can I use my current PD?

3. If I have copy of my I-140 is enough to keep my PD or is there any other document I need to get from my current employer

[jairichi]

1. No time limit.

2. Yes.

3. Yes, enough.

[itsmeusa]

1. I am not 100% sure, but I guess, you must stick with your employer for 180 days after I-140 approval. If your employer revokes I-140 after this 180 days, it would not affect you; you could still retain your PD. But I am not very sure on this.

2. as above

3. Copy of I-140 approval is enough. Even if you have I-140 case no, that's enough to retain the PD.

[JoeF]

1. I am not 100% sure, but I guess, you must stick with your employer for 180 days after I-140 approval. If your employer revokes I-140 after this 180 days, it would not affect you; you could still retain your PD. But I am not very sure on this.

2. as above

3. Copy of I-140 approval is enough. Even if you have I-140 case no, that's enough to retain the PD.

 

No, there is no 180 day rule. That's when an I-485 is pending for 180 days, then a person can find another employer without losing the I-485.

Here, with an approved I-140, the PD can be ported. That works as long as the I-140 wasn't fraudulent.

[itsmeusa]

Awesome. Thank you JoeF. Somehow I have this (mis)understanding about I-140 180 days rule since a long time.

[loginanil]

 

3. Copy of I-140 approval is enough. Even if you have I-140 case no, that's enough to retain the PD.

 

can you re-confirm if i-140 case no is enough for porting date , i am in similar case where approval notice is not with me and my OLD PD date is current. 

 

please share your experience or advice

[jairichi]

can you re-confirm if i-140 case no is enough for porting date , i am in similar case where approval notice is not with me and my OLD PD date is current. 

 

please share your experience or advice

Yes, that is enough.

[parkerjohn03]

I have similiar situation. My  I 140 was approved in June'14 via Company A as consulatant. Company B is ready to hire me as FT.  H1B is vaild till Dec'16.

 

1) Company B is ready to file GC after 1 year so approx. in Dec'15 company B may start PERM process again. In this case, suppose my PERM through company B will be under process ( for some audit reason), and my 6 years of H1B about to get over by Dec 16,

 

- > Am I eligible for 3 years extension as my 140 had been approved by company A ? ?

 

2) My PD is dec 2012. I am not sure about priority date movement for EB2 case ( at this time it is May 2009), but during this whole transfer (  H1B transfer, new PERM file processing & new 140 file from Company B), If PD becomes current,  what are the scope to use old PD through company A.

 

3) Can company A revoke my 140 after H1B transfer ? They have not given me approval notice. if they can and impact on reclaming the old PD, What wil be my scope in this scenario ?

 

Thank you in advance for your advice and time. !

[jairichi]

1. Yes, only if it is not revoked by company A.

2. You can retain PD.

3. Yes, they have the right to revoke. You can still retain PD.

[itsmeusa]

1. Sure, make sure your H1b transfer is approved based on I-140 approval from employer "A". Join "B" only when xfer is approved. 

2. Current trend for EB2 India - you would be able to file I-485 at least from 4 to 6 yrs of your PD unless there is some demand build up exercise or executive action or immigration reform. So you have lots of time to get PD current.

3. Yes, they can. However if you join "B" only after xfer is approved, this revocation will not impact your H1b. Make sure "B" starts PERM as soon as possible.

[parkerjohn03]

Thank you itsmeusa & jairichi.

 

@itsmeusa :I had completed 4 years of H1B so far. As you mentioned in your advice 1 that "make sure your H1b transfer is approved based on I-140 approval from employer "A". Join "B" only when xfer is approved." ...... Does it mean that company B needs to file H1B Transfer based on 140 approval and ask for 3 years extension from USCIS ?  Current H1B , I have almost 2 year left. I am under impression that once that 2 years get over, then Company B needs to file 3 years extension based on 140 approval .

 

Also In advice 3, Does it mean that company B needs to mention the 140 approval details from company A while filling H1B transfer application with USCIS. and uscis approve the case , revocation from company A will not impact on PD ?

 

Thank you !

[itsmeusa]

@parkerjohn03...

 

As you have already completed 4 yrs, you have only 2 years left to hit H-1b 6 yrs max limit. AC-21 gives H-1b holders ability to extend H-1b beyond 6 yrs based on criterias like 1. PERM or I-140 is pending for more than 365 days 2. I-140 approved

As you have already the beneficiary of approved I-140, employer "B" could definitely use "A"s I-140 and request 3 yrs of extension. I would also recommend you to take this opportunity to xfer + extend H1b to another 3 yrs. That would give you enough time to complete PERM + I-140 stages with employer "B".

 

Yes, "B" can mention the I-140 case no and also you can send them the USCIS case status snap which could be submitted as evidence that your I-140 is approved. 

 

Once I-140 is approved, PD is yours to keep even if employer revokes I-140. PD is lost only when USCIS revokes approved I-140 for fraud.

[parkerjohn03]

@itsmeusa : Thanks for insights !

 

My current visa stamp valid till dec'16.

 

Suppose If "B" will request xtansfer + 3 years extension now , will it be total 5 years ( Current 2 years + new 3 years)  from the date it will be filed in 2015 ?

[jairichi]

@itsmeusa : Thanks for insights !

 

My current visa stamp valid till dec'16.

 

Suppose If "B" will request xtansfer + 3 years extension now , will it be total 5 years ( Current 2 years + new 3 years)  from the date it will be filed in 2015 ?

Nope. Just 3 years.

[itsmeusa]

No, employer can request H1b extension up to 3 years based on your I-140 approval. 

[parkerjohn03]

So that means, if in 2015, If B will trasnfer H1B + 3 years ext. based on I140, I will get 3 years upto 2018 ?

 

if yes, I will be loosing 1 year of time which has already stamped in passport and after H1 transfer if I go out side US, I will need visa stamping again ?

 

Thank you all for your time and advice ...!

[itsmeusa]

Yes, your H1b xfer (with extension) petition could be filed requesting time up to 2018. 

 

Your visa stamped on passport is valid only until the expiry date on visa. This visa is valid even after you xfer to new employer. You would need original I-797A at POE along with this visa.

 

After visa expiry date, if you would like to travel and re-enter US, you would need a new visa stamped.

[parkerjohn03]

I did request I 140 Petition copy & approval notice but  Company A has neither provided me I 140 Petition copy nor a approval notice yet. they gave me I 140 Receipt only.

 

 Not sure whether 140 is strickly employer specific doc, however  Is there  anyway I can request USICI to get 140 petition copy or approval notice ?

 

will 140 receipt notice be sufficient for future purpose ?

 

Thank you for your helpful advice.!

[itsmeusa]

You can check online whether I-140 is approved or not. You can also file FOIA request to USCIS to get I-140 and related documents. You won't be given approval notice (as I understand what USCIS sends under FOIA request), but that I-140 petition would have the decision made on I-140 - approved, denied etc.