Changing Jobs after I140

[punapuna86]

My I140 has been approved and has been pending for 180 days.

If I move to new employer, will they have to file for a new I140 for further H1B extensions? I am confused because my legal counsel says the old I140 will suffice for H1B and its extensions with new company since its past 180 days mark. However the new company is likely to file a new I140 after a "while".

But what I am not sure is if the new company has a choice in this regard. I was assuming they will necessarily have to file a new I140?

(Note: I have done lot of research in this regard and this remains a grey area. Hence my question)

[scientist2016]

My I140 has been approved and has been pending for 180 days.

If I move to new employer, will they have to file for a new I140 for further H1B extensions? I am confused because my legal counsel says the old I140 will suffice for H1B and its extensions with new company since its past 180 days mark. However the new company is likely to file a new I140 after a "while".

But what I am not sure is if the new company has a choice in this regard. I was assuming they will necessarily have to file a new I140?

(Note: I have done lot of research in this regard and this remains a grey area. Hence my question)

If your I140 has been approved, it cannot be "pending". I think you are asking about AC21 portability. Yes, your new company has to file a new I140, but you can port your current PD, provided the new job description is the same as the previous one.

[punapuna86]

If your I140 has been approved, it cannot be "pending". I think you are asking about AC21 portability. Yes, your new company has to file a new I140, but you can port your current PD, provided the new job description is the same as the previous one.

Thanks scientist2016 - You are right about I140 pending.

On the second point I did some research myself but it does look like new company can "defer" filing I140 for a while due to AC21 portability.

However I think for I485 (adjustment of status), there should be an approved I140.

Many articles online including my own legal counsel asserted the same thing - that reapplying I140 by new employer is not critical for new H1B as long as old I140 is 180 days old. So it looks like new employer can take their time before reapplying I140 - Can you confirm this part?

[scientist2016]

Thanks scientist2016 - You are right about I140 pending.

On the second point I did some research myself but it does look like new company can "defer" filing I140 for a while due to AC21 portability.

However I think for I485 (adjustment of status), there should be an approved I140.

Many articles online including my own legal counsel asserted the same thing - that reapplying I140 by new employer is not critical for new H1B as long as old I140 is 180 days old. So it looks like new employer can take their time before reapplying I140 - Can you confirm this part?

Yes they can take their time. But if you have to renew your visa for instance, it is better to have the I140 from your new position (atleast filed) or else you may face scrutiny from the consulate.

[GCEB32020]

I am in the same situation. Your new employer has to start PERM / I140 again for you and my company started this after 365 days of being in the payroll. My H1B transfer with new company obviously was with the approved I140 from old company (which was more than 180 days old so the old company cannot revoke it). you need to ensure I140 with new company is approved for filing I485 and hence work backwards based on the calendar. For future H1B extensions, it is advisable to have PERM initiated and preferably I140 approved as well. Hope this helps.

[punapuna86]

My I140 has been approved and has been pending for 180 days.

If I move to new employer, will they have to file for a new I140 for further H1B extensions? I am confused because my legal counsel says the old I140 will suffice for H1B and its extensions with new company since its past 180 days mark. However the new company is likely to file a new I140 after a "while".

But what I am not sure is if the new company has a choice in this regard. I was assuming they will necessarily have to file a new I140?

(Note: I have done lot of research in this regard and this remains a grey area. Hence my question)

Thanks for the clarification. Does this 180 days count weekdays and weekends? or is it just weekdays. Pretty sure its the former, but I wanted to clarify nevertheless. Anyone?

[dajp2009]

Priority Date - March 2008

Hi,
My priority date is March 2008 and EB3. From August 2016, I joined a new employer and they started processing my GC from Scratch in EB2. They are saying, although the current PD is April 2009, I can't do AOS because my salary is not matching with the PWD figure. I need to wait until it reaches that number. Any work around? Please advise.

[dajp2009]

Priority Date - March 2008

Thanks scientist2016 - You are right about I140 pending.

On the second point I did some research myself but it does look like new company can "defer" filing I140 for a while due to AC21 portability.

However I think for I485 (adjustment of status), there should be an approved I140.

Many articles online including my own legal counsel asserted the same thing - that reapplying I140 by new employer is not critical for new H1B as long as old I140 is 180 days old. So it looks like new employer can take their time before reapplying I140 - Can you confirm this part?

As I was writing previously, although my PD is March 2008, with the new employer, even after getting new I140, do I need to wait for I485 (AOS) until my salary reaches the PWD number? Is this a true statement?

[scientist2016]

Thanks for the clarification. Does this 180 days count weekdays and weekends? or is it just weekdays. Pretty sure its the former, but I wanted to clarify nevertheless. Anyone?

180 calendar days.

[punapuna86]

180 calendar days.

Amazing! Thank you Scientist.

Now if you all don't mind I have one more question for the forum id like to clarify.

The "notice date" on my I140 approval notice (Paper I797) says 14th of August. However USCIS website says it was "approved" on 15th August. Which one should we consider? And why this ambiguity?