I-140 change of Employer and H1B


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Scenario: Working with company A with H1B I-140 approved.

Question: People say that if you change employers (renew H1B from company A to company B) you need to start the Green Card process all over again, but that doesn't make sense.

1. The Green Card process don't even require from you to even be in the USA. You can be sit in Argentina having a coffee and be the beneficiary of a I-140 approval at the same time.

2. The fact that you hold one position in the same company under H1B seems irrelevant. For the same token you can be working for a company B.

3. Once your priority date is current AND if company A is still willing to sponsor your green card, I see no need to start the process all over again with company B.

4. Once you have your green card, nobody can force you to work for A, B or C... you are free.

What I'm missing?

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Although you are correct that you do not have to be currently working for a green card sponsor to be eligible for Adjustment of Status (or Consular Processing if you are outside the U.S.), the Green Card sponsor could possibly withdraw an approved I-140 filed on behalf of an employee for a future position if that employee stops working for them pursuant to H1B in the current position.

If your particular employer still intends to hire you for the future green card job even if you move to another H1B employer (and the employer confirms that intention by NOT withdrawing the I-140) then you should have no problem. You would just need to go back to that employer upon approval of the green card.

You are also correct that you can work for anyone once you obtain the green card, but for an employment-based green card, the sponsoring employer must show intent to permanently employ the foreign national at the time of filing and upon approval of the green card. Theoretically, USCIS could allege fraud if the green card holder stopped working for the green card employer 1 day after the GC was approved. But the main issue for USCIS is whether there was intent to commit fraud to obtain an immigration benefit. If so, the green card could get rescinded by USCIS.

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