Changing employers on I 140

[rahul5513]

Hi All,

 

I recently got my i 140 approved and we applied for a extension beyond six month and got a extension till mid of next year 

 

Now i'm trying to move new employer with the approved I 140 

 

My questions are:

 

1) Will I get a 3 years valid extension as we are changing employers or i will get a extension till mid of next year ?

 

2) Can I capture my old priority date ?

 

3) I  just heard that u need to wait for minimum of 6 months in the same company on which you got your i 140 approved to move to another company is it true ?

 

Please advise me in this regards

 

 

 

[jairichi]

1. If I-140 is not revoked by employer before H1B transfer and based on duration requested in H1B petition you might get 3 years. If I-140 is revoked before transfer then you will get middle of next year (s approved earlier).

2. Not sure. As recently an attorney in this forum had mentioned that PD cannot be retained in some instances after withdrawal or revocation of I-140 by employer. http://forum.murthy.com/index.php?/topic/70591-i-140-retaining-priority-date/

3. That is a rumor.