Change employers after 6yrs H-1B and no I-485

[banjo3]

Searched forums but could not find exact same scenario. Help?

Had some good news from lawyer today, regarding ability to change employers. Looking for verification from anyone who has been thru similar situation, or anyone who can confirm this is true.

My situation:

• Canadian Citizen in US, working as Director, Sales Engineers
• approximately at 6 yr stage of H-1B
• H-1B recently renewed with expiry of November 2007 (extended beyond 6 yrs because of I-140)
• PERM Labor Certification approved
• I-140 approved
• EB3 (unfortunately can't apply as EB2 because I only have Associates degree, not Bachelors)
• Priority Date, March 2006
• unable to file for I-485 for yrs due to priority date.

Just learned that my employer was purchased by another company. Good chance of layoffs.

Was highly concerned that without I-485 filing for 180days, I would have no choice but to leave the US if laid-off (or if I quit).

With the company-purchase situation, I was able to ask my company-hired lawyer what would happen if I'm laid-off. He says that I could:

• go to new employer that is willing to sponsor;
• new employer could transfer H-1B;
• new employer could start PERM Labor Cert process;
• Priority Date from initial I-140 would still apply, once I get thru to new I-140.

My thoughts before hearing this, were that since we're at or past the 6yr H-1B time, I could only get H-1B extensions with my current employer. Thought the only way to stay beyond 6 yrs is if I stayed-put, or was further along (if I had I-485 pending for 180 days).

Wish I didn't have to start-over with all of the PERM steps, but this sounds a lot better than having to depart the country.

Can anyone help my comfort level by confirming that what my lawyer says is true?

Thanks in advance,
Brad

[praveen_maru]

go to new employer that is willing to sponsor;
Yes

new employer could transfer H-1B;
Yes

new employer could start PERM Labor Cert process;
Yes

Priority Date from initial I-140 would still apply, once I get thru to new I-140.
Yes as long as intial I-140 is not cancelled by ur ex-employer untill u get ur new I-140 from ur new employer.this point is little smoky..so i would suggest to find if anybody has already goan thru this..u will find lot of info regarding this in murthy.com as well as here...

[banjo3]

Thanks All! Very good news.

Nelsonagn... agree 3 yr renewal would have been nice. The H-1B was due for renewal, so lawyer pushed it through just prior to the I-140 "acceptance".

[Rishi123]

Dear Friends :

Appreciate if you could provide some insight and suggestions to my situation.

I had filed my labor certification from company (A) ( Based on future employment ) .
PD Sep/04
I did not work for the company (A)
My labor certification has got approved and now I am preparing to file I-140.

In the mean while my current employer (B) had approved to file my GC- ( PERM labor ) will get it filed in beginning of 2007.

Should I file my I-140 from company (A) in order to retain PD...I am told that once the I-140 gets approved from (A ) the priority date can get transferred to the company B when ever that I-140 stage reaches.


Is this a recommended course ? would there be flags raised when I file PERM labor & subsequent I-140 for company (B)..I came across items on the I-140 form that asks " has any Immigration visa petition ever being filed behalf of this person"..Not sure what are the implications if one confirms the same.

I am not able to get a clearer picture.

Thanks in advance for the help

Rishi