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View Full Version : URGENT !! Job change after h1b 6 years


floridasun
12-29-2010, 01:32 PM
Hello Gurus,

First of all, I thank everyone involved with this board as it helped me answer a lot of my questions while I go through GC torture system. Here is my situation -
1. I am currently close to 7th year on my H1b. My current company B applied for Green card - status I-140 approved.
2. With the approved I-140 I have already gotten 3 years extension on H1b. As mine is on EB3, I am eternally waiting for it to become current (which is never ??)
3. Can I now change my job and move to a new employer ? Can the new employer file H1b for me ? Will I be able to use this approved I-140 to get H1b extension with new employer too ?
I would greatly appreciate any input from the experienced Gurus. It would be great to hear from someone who has done this kind of thing and succeeded.

thomachan72
12-29-2010, 02:45 PM
Hello Gurus,

First of all, I thank everyone involved with this board as it helped me answer a lot of my questions while I go through GC torture system. Here is my situation -
1. I am currently close to 7th year on my H1b. My current company B applied for Green card - status I-140 approved.
2. With the approved I-140 I have already gotten 3 years extension on H1b. As mine is on EB3, I am eternally waiting for it to become current (which is never ??)
3. Can I now change my job and move to a new employer ? Yes you can change employerCan the new employer file H1b for me ? Yes new employer will need to file fresh H1b for youWill I be able to use this approved I-140 to get H1b extension with new employer too ? This is the tricky portion. Since you already have 3 years extension you will certainly get the fresh H1b for the remaining of the 3 years. Now within this time you should try to clear the labor and if possible the 140 also inorder to keep the PD of your first labor filing date. Atleast this is my knowledge, as of now, about this complicated process.
I would greatly appreciate any input from the experienced Gurus. It would be great to hear from someone who has done this kind of thing and succeeded. There are several threads on this issue elsewhere in this forum. I searched some time back about this.

sac-r-ten
12-30-2010, 11:17 AM
There are several threads on this issue elsewhere in this forum. I searched some time back about this.

would appreciate if you could post some thread links here. also the OP wanted to know success cases, if any, in this type of situation..

thank you.

floridasun
12-30-2010, 12:10 PM
Thank you. It would really help to hear from ppl who actually succeeded doing this. I am sure not many ppl would like to be slave to single employer until they get this damn GC - especially when it takes forever to get one.

sac-r-ten
12-30-2010, 04:40 PM
http://immigrationvoice.org/forum/forum105-immigrant-visa/1599821-eb2-i140-approved-looking-for-a-visa-transfer-is-it-possible.html

floridasun
01-03-2011, 10:30 PM
At this point, its kinda confusing - few ppl are saying its possible, some are saying its risky.

h1-b forever
01-04-2011, 11:09 AM
here is the question - response from murthy chat

Can a person on 7th year H1b (EB3 I-140 approved -did not apply for I-485 yet due to retrogression) move to a new employer ?

attorney -
A person is always free to move to a new employer at any time if the new employer will file for a 3 year H1B petition based on the earlier I-140 approval with the earlier employer. The question also is whether the new employer is willing to start a fresh GC/PERM case all over again as the earlier I-140 approval cannot be used to obtain the GC unless the employer and employee both intend to work permanently when the priority date becomes current.

Does this mean no more job changes? What happens if company C wants to start the gc/perm process?

mattresscoil
01-04-2011, 02:38 PM
Does this mean no more job changes? What happens if company C wants to start the gc/perm process?
h1-b forever:
remember GC is for future employment. you can go on changing employers and your GC application with your previous employer may continue. the condition is that upon approval of your GC, you will have to start working for the company that sponsored your GC. There are other options too, one may join another company which starts fresh GC process and preserve the priority date from the previous I-140 application. In this case you are not obliged to work for the employer that got an I140 approval, you are instead obliged to work for the new employer that sponsored your GC, again that too after approval. you can join company D also but remember that everything must be started fresh with a possibility of porting your priority date from a prior approved I-140 application.