EB1, I-140 pending, do I need H1 stamped to switch jobs?


Recommended Posts



I am an Indian national, and have a PhD from a US university. I am currently working full time (direct hire) in the USA for a semiconductor company. My employer applied for my Green Card under EB1 category in Mar 2014. My I-140 is not yet approved. I received my first EAD advance parole card in Aug 2014 and got it renewed again this year in Aug 2015. I traveled outside the country and re-entered USA using my EAD Advance Parole in Mar 2015. I have an I-94 with EAD Advance Parole stapled in my passport.

My employer's lawyers have made repeated inquiries with USCIS regarding my I-140 status without any success. The latest response from USCIS is "Our system indicates that your case is currently under extended review and this has caused a delay in processing time". 

Even though I am willing to pay for the premium processing, my employer has been firm on not process my application under premium processing. I believe it is their policy not to file under premium processing for anybody. So, on repeated requests, the lawyer has made an inquiry (Form 7001) with the USCIS Ombudsman’s Office for their intervention in Sept 2015. 


I also have my H1B I-797 approved (but not stamped on my passport). My H1B is valid from Oct 2014 to Sept 2017.


Based on my above described condition, I have 2 questions regarding my case -


1. Is there anything I can do to expedite the I-140 application process? I understand that I-140 is owned by the employer and lawyer, but is there anyway I can directly contact USCIS to process this application under premium processing.


2. I am considering on seeking employment with another company. With my current status, can I switch companies? Do I have to get my H1 VISA stamped before switching? What happens to my current Green card application? Is it advisable to travel to India and get my H1 VISA stamped immediately?


Thanks a lot in advance.

Link to comment


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