Changing jobs after approved I140

[libraguy19]

Hello All,
I searched multiple forums but either got conflicting or no answers for below questions .
Replies will be much appreciated.

Scenario:
+ H1-B permit valid till Late 2016
+ Six years of h1b to be over by Late 2017
+ Works as a permanent employee in a tech company
+ I-140 approved in Apr-2015 with a priority date of Jun-2014
+ Applied for Spouse’s H4 EAD with "received date" of Jun-2015
+ Planning to leave employer as business forecast is not good and might undergo downsizing in Q4

Questions:
1) On transferring H1B, Will i get extension till 2017 or for next three years due an existing approved I-140 ?
2) For green card application, Is the entire LCA / PERM / i140 process re-initiated?
3) Within how much time must my new employer re-apply for the PERM and further steps? is there a dead line or something by which it must start or be done? is there a risk for my new I-140 petition being denied because of the late reapplication or me losing the priority date?
4) Will it take another 1.5 years to get the I-140 approved again? Or will it be faster due to an existing I-10 ?
5) What if my immediate next employer does not do any GC work and then after couple of years I join another company which files for GC. Will I lose my current priority date ? If No, then till what time can I retain my current priority date?
6) Any letters or documents that i should procure from my current employer for future migration/PERM paperwork ? I already got I140 approval notice scan.
7) Does my leaving the job impacts my wife's H4 EAD ( we filed recently and are awaiting approval ) ?
8) Should i wait till we get my wife's EAD in hand ? If I move will it nullify ?
9) By when can I apply for my I-485 ? Is it possible to do it before leaving Job
10) Are there any other concerns that I must take care before leaving current employer ?

Thanks,
libraguy

[kabkaba]

1. 3 years because of the I-140.
2. Yes, but you may be able to keep the same priority date.
3. If there is a possibility that current employer will revoke I-140, then new employer must file PERM before start of 6th year of H1B. If current employer will not revoke I-140, then new employer can start at any time. It is best if they start sooner than later.
4. PERM will take 3 months for job posting, 6 months for getting approval without audit, 2 years with audit and then I-140 in premium.
5. It all depends on whether the current employer revokes the I-140. It used to be possible to retain priority date even if I-140 was revoked, but recently USCIS may have changed their interpretation.
6. Experience letters stating your job duties and specific technical experience gained. These may also be obtained later if you leave on good terms.
7. No, the EAD is fine as long as you maintain H1B status and the I-140 remains valid.
8. No, that's fine.
9. When priority date becomes current, as long as the I-140 is still valid.
10. Leave on good terms and try to ensure that they don't revoke your I-140 at least for the next 6 months or so, which will give your new employer a chance to file their own PERM.

[Prabhu1983]

Need similar Help

I am in similar situation. I completed 6 years on H1b, I140 is approved with and H1 based on I140 is approved till Dec 2016. I am getting a nice job in a good company so once my new employer files for h1 based on i140 i will get 3 years on h1.

1) If my previous employer revokes i140 after my new h1b get approved, will it impact my status.
2) if i140 is revoked by previous employer after new h1b approval, will I still be able to port my priority date.

libraguy19, Can you suggest what you ended up doing.

other suggestions also welcome.

[smitanm]

Need help to decide job change after I-140 approved

Hi,

Before taking the legal advice, I would like to ask questions here. once I get legal advice from lawyer I can also share here.

My 7th year is about to complete. I-140 is approved 6 months back. I would like to change job. but most empoyers are saying they will file labor after 12 months.

1. Are employers (current employer) have rights to revoke I-140 ?
2. If yes, can I do something not to get revoked ?
3. If current employer revokes I-140 will I get any notification or any place (on uscis) to check status of I-140 ?
4. After transfering H1 to to next employer do they have to file PERM before next H1 expiry?
.
.
What questions should I ask lawyer, please suggest.

Thanks in advance for your advice

[savyasachi]

Exact same situation

I am in similar situation. I completed 6 years on H1b, I140 is approved with and H1 based on I140 is approved till Dec 2016. I am getting a nice job in a good company so once my new employer files for h1 based on i140 i will get 3 years on h1.

1) If my previous employer revokes i140 after my new h1b get approved, will it impact my status.
2) if i140 is revoked by previous employer after new h1b approval, will I still be able to port my priority date.

libraguy19, Can you suggest what you ended up doing.

other suggestions also welcome.

Prabhu1983,

Could you please update us what did you end up doing and any information you found in this regards?

I am in the exact same situation as you are. Any suggestions would help.

Thanks.

[Axeaum]

Please Help

Please help me to answer my question, if you have already gone through the same situation or if you know the answer for sure.

My I140 approved with company A and I moved to Company B. Currently I have consumed 4 years out of 6 years quota. When Company B filed H1 transfer, they used my approved I140 to get the 3 years of extension. I am planning to leave the company B in another 2-3 months by that time company B will not be able to start the GC process. When I am going to join company C, will they be able to use my I-140(from company A) to get the 3 years H1B valid petition?

Thanks

[abhismag]

Same exact situation

Please help me to answer my question, if you have already gone through the same situation or if you know the answer for sure.

My I140 approved with company A and I moved to Company B. Currently I have consumed 4 years out of 6 years quota. When Company B filed H1 transfer, they used my approved I140 to get the 3 years of extension. I am planning to leave the company B in another 2-3 months by that time company B will not be able to start the GC process. When I am going to join company C, will they be able to use my I-140(from company A) to get the 3 years H1B valid petition?

Thanks

Hi,

Were you able to find answers to your questions? I am in a similar situation and would like to know what did you end up doing?

Looking forward to your reply. Thanks in advance.