Was looking for some guidance on the following scenario:
- I have my I-140 approved through my current employer
- I plan to switch jobs in the next 1-2 months before the GC process can be completed at my current employer (my priority date is not yet current, so I-485 cannot be initiated now)
- I understand that the GC process will have to be restarted at a new employer (starting with PERM), although I can retain my priority date. While this happens, my H-1B will get transferred to new employer (for a 3 year duration) - and from my understanding, the current I-140 will be referenced when filing for the H-1B transfer
- Let us say I will change jobs again in about a year, which would prompt a new PERM, I-140 etc.
So in this scenario where I switch jobs a second time (e.g. 1 year into the new job), what impact will it have on my H-1B. All this while, since I had an approved I-140, it would let me renew every 3 years with no limit on the number of extensions (i.e. till GC gets processed). But in the future, when I switch jobs multiple times before new PERM/I-140 applications can be processed, how will it impact H-1B (validity, number of renewals, time limit, etc.). For e.g. can future H-1B extensions be based on the original I-140 (which btw would have become invalid from point of view of GC; but can it be used for H-1B extensions). Or is there a different approach that needs to be followed?
Thoughts appreciated.
- I have my I-140 approved through my current employer
- I plan to switch jobs in the next 1-2 months before the GC process can be completed at my current employer (my priority date is not yet current, so I-485 cannot be initiated now)
- I understand that the GC process will have to be restarted at a new employer (starting with PERM), although I can retain my priority date. While this happens, my H-1B will get transferred to new employer (for a 3 year duration) - and from my understanding, the current I-140 will be referenced when filing for the H-1B transfer
- Let us say I will change jobs again in about a year, which would prompt a new PERM, I-140 etc.
So in this scenario where I switch jobs a second time (e.g. 1 year into the new job), what impact will it have on my H-1B. All this while, since I had an approved I-140, it would let me renew every 3 years with no limit on the number of extensions (i.e. till GC gets processed). But in the future, when I switch jobs multiple times before new PERM/I-140 applications can be processed, how will it impact H-1B (validity, number of renewals, time limit, etc.). For e.g. can future H-1B extensions be based on the original I-140 (which btw would have become invalid from point of view of GC; but can it be used for H-1B extensions). Or is there a different approach that needs to be followed?
Thoughts appreciated.
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