kahni mein twist

[cker]

Here's the story:

Company A --> Perm approved (priority date oct 2005) --> I-140 approved --> Joined company B

Company B --> Perm filed --> 3 year extension based on I-140 from company A --> Perm denied.

At this point, can I change jobs. What will be the H1 validity for company C? Can I still retain the old priority date?

Thanks,
cker

[milda]

You can change to company C. H1 has nothing to do with your GC process.
So, C can file perm for you. Or even B can again file perm for you. There are so many cases for whom company file perm, got denied, again filed with proper documents and got approved.


[Note:- I am sharing my views, contact your attorney for the best advice]

[cker]

Thanks Milda

My 3 year H1 extension was based on PERM pending and priority date not current. Now, PERM is denied and priority date is current.

In this scenario, what will be the H1 validity for the petition from new company?

Thanks again!

[benjamin21open]

Yes you can change job because you have already been denied.
They're no way they can hold you back.

[cker]

(Still looking for an answer - guru's please chime in - Thanks)

My 3 year H1 extension was based on PERM pending and priority date not current. Now, PERM is denied and priority date is current.

In this scenario, what will be the H1 validity for the petition from new company?
Can I still retain the old priority date?

[benjamin21open]

Yes you can always have your priority date.
They cant hold it back from you, you have the right to get it.