pradeepr1 Posted December 19, 2014 Report Share Posted December 19, 2014 I am sure this question must have been asked several times in this forum. I didnt want to post my question as a response to other posts. Here is my situation I have I140 approved through my current employer in EB-3 with Nov 2010 priority date. My H1b is maxing out Dec 2015(can claim 6 months of the time i was out of us). My question Will i have enough time to get I140 approved and be able to extend my visa beyond max out period if i were to change the employer now? Honestly i have served the company for 10yrs with no real benefits. I would like to explore that option of changing from EB-3 to EB-2 if thats a possibility. Your suggestions are appreciated. Thanks! Link to comment
ashuneel Posted December 19, 2014 Report Share Posted December 19, 2014 If you have I-140 approved you can get 3 yr extension with any employer. Link to comment
jairichi Posted December 19, 2014 Report Share Posted December 19, 2014 I am sure this question must have been asked several times in this forum. I didnt want to post my question as a response to other posts. Here is my situation I have I140 approved through my current employer in EB-3 with Nov 2010 priority date. My H1b is maxing out Dec 2015(can claim 6 months of the time i was out of us). My question Will i have enough time to get I140 approved and be able to extend my visa beyond max out period if i were to change the employer now? Honestly i have served the company for 10yrs with no real benefits. I would like to explore that option of changing from EB-3 to EB-2 if thats a possibility. Your suggestions are appreciated. Thanks! Possible if new employer starts immediately and I-140 is applied in premium. And, no audits or RFEs arise. Link to comment
pradeepr1 Posted December 21, 2014 Author Report Share Posted December 21, 2014 If you have I-140 approved you can get 3 yr extension with any employer. i am guessing thats possible only if my current employer doesnt revoke my approved I-140. Link to comment
jairichi Posted December 22, 2014 Report Share Posted December 22, 2014 i am guessing thats possible only if my current employer doesnt revoke my approved I-140. That is correct. New employer's H1B petition has to be approved before I-140 revocation by current employer. Link to comment
ashuneel Posted December 22, 2014 Report Share Posted December 22, 2014 i am guessing thats possible only if my current employer doesnt revoke my approved I-140. Here is the process. Ask new employer to file H-1b ( change of employer petition) in premium and get it approved in 15 days. This will guarantee 3 yr extension. Give notice to current employer after getting new approval. Even if they revoke I-140 at this stage you get your 3 yr extension and get to keep PD. If new employer does not process in premium there is still a chance you will get 3 yr extension as it takes time to revoke I-140 and that information may not be available at the time of new H-1b Approval. Otherwise if you will get 1 yr extension with new employer and they need to file GC on day 1 to get PERM pending for 365 days. Ideally it takes few months to file PERM after initial steps so you may have to leave the country for the remainder of the days. If new employers GC application moves fast then what Jairichi says will be applicable. Link to comment
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