Make a job change post I-140

[sethi_usa]

Hello Admin-

I apologize but I didnt come across a post that can answer my question. I am on H1B visa which is maxing out in June 2016. My employer has filed PERM which is pending. If PERM and I-140 gets approved before June 2016 and I get a 3 year extension then is it possible to change employer? What are possible implications of that. WOuld I loose the 3 year extension if I change employer.

[raghvi]

Hello Admin-

I apologize but I didnt come across a post that can answer my question. I am on H1B visa which is maxing out in June 2016. My employer has filed PERM which is pending. If PERM and I-140 gets approved before June 2016 and I get a 3 year extension then is it possible to change employer? What are possible implications of that. WOuld I loose the 3 year extension if I change employer.

Will your employer continue the I140 process even after you leave them?

[sethi_usa]

Will your employer continue the I140 process even after you leave them?

Lets say Employer doesnt do that and still I intend to move to new employer. Then question is:

1) Is it even possible given my visa was max-out and I am on extension sponsored by current employer.

2) If it is possible then I think New employer will have to start from begining i.e PERM process. Is that right?

Quite appreciate response.

[raghvi]

Lets say Employer doesnt do that and still I intend to move to new employer. Then question is:

1) Is it even possible given my visa was max-out and I am on extension sponsored by current employer.

2) If it is possible then I think New employer will have to start from begining i.e PERM process. Is that right?

Quite appreciate response.

1. I dont think so, as the new employer would file a cap exempt petition, and cap exemption is on the basis of h1 which is approved on the basis of an I140, which would have been revoked by the employer. Hence it is advisable to leave employer 180 Days after I140 approval, as at that stage the employer cannot revoke the I140 even if you leave them.
2. Yes, which anyhow the new employer would have to do, but you can retain your priority date.

This is my opinion not legal advice.