I140 approved Employer change-urgent

[neha.2]

Hi,

 

My I-140 Has been approved with employer A. My priority date is Dec-2014. My H1B(6years) is going to expire on 15th April 2016.

 

1. I have got full time offer from  employer B. If i move to the employer B do i get 3 years extension?

 

2. After moving to employer B, do i retain my Priority date? my employer B can port the Priority date?

 

3. I have received one more offer from employer C, but joining date is in March-2016. so if i move to employer B in coming January 2016 and then move to employer C in march, can i still retain the Priority date of employer A? Does it cause any issue?

 

For ex: I moved to employer B and received 3 years extension in January-16.

and In march-16, i have moved to Employer C.. can i get again 3 years extension again?

Can i retain my priority date and employer C can file my GC by porting the my priority date?

 

 

Thanks,

Neha

 

[balilanai]

1. I have got full time offer from  employer B. If i move to the employer B do i get 3 years extension?

Yes

 

2. After moving to employer B, do i retain my Priority date? my employer B can port the Priority date?

Yes

 

3. I have received one more offer from employer C, but joining date is in March-2016. so if i move to employer B in coming January 2016 and then move to employer C in march, can i still retain the Priority date of employer A? Does it cause any issue?

Yes. You will need to get a new H1B with employer B and then with C.

When you transfer from B to C, you will not necessarily get a 3 year extension beyond the transfer date. It will be less than 3 years. But employer C will be able to file for your GC once they transfer in your H1B

[Attorney_15]

The 3 year extension based on an approved I-140 with a non-current priority date is available in the petition of any employer so long as the I-140 approval is not revoked by USCIS or the I-140 company. The priority date is supposed to transfer to subsequent I-140 petitions so long as the I-140 is not revoked. USCIS policy states that if the I-140 is revoked but not for fraud/misrepresentation the priority date should still transfer and it usually still does.