View Full Version : sub LC PD transfer to new employer

04-20-2007, 04:27 AM
I filed this question earlier too but did not get any response. Could someone please help!

My current employer X applied for my LC in late 2004(non PERM) in EB2 and it got approved a few days ago. Meanwhile, my company has also found a sub LC for me with PD of late 2003 and they are willing to file I-140 with premimum processing using it. Clearly I-485 can not be filed at this moment as none of the PDs are current.
The problem is that I intend to switch job as soon as possible.

1) Can I change my current job employer X after I-140 is approved with sub-LC and still retain the PD of the sub LC at my new employer Y Specifically,
- Am I guaranteed a PD porting to Y, even if the original I-140 at X was filed using sub-LC? I know on this forum there are posts that deal with it, but they never confirm it or deny it.
- What if X revokes my I-140 after I leave?
- Is there any time delay required between approved I-140 at X and leaving job at X to prove to INS my "intent" at I-140 filing was to stick with X?

2) My 3 year H-1 visa expires in one and half months. X has not filed for extension yet, though he plans to file for extension very soon. Can I switch to Y a few days after visa expiration (in about 2 months from now), considering my extension for H1 from X is pending approval?

Please help!

04-20-2007, 05:04 AM
Act fast asap, file the I-140 premium be it new/old LC doesnt matter. Yes you can port the date from old LC and file for h1 extension. Once ur H1 expire u cannot transfer as well your 140 will become invalid if not filed asap.

If employer giving trouble transfer to new job but before h1 expiry ........

04-20-2007, 05:44 AM
Just to clarify, my current employer is going to file for H1 extension in the next few days. I was wondering whether I could switch job on H1 after having filed for H1 extension pending approval.

Could anyone pls answer specific questions that I posted for PD porting!

04-20-2007, 07:01 AM
I think you should think about talking to a qualified lawyer. Full disclosure - I am not lawyer.
After following similar threads here are my two cents:

1 - Yes
- There are good chances that sub-LC PD will be ported.
- X cannot really revoke 1-140. Other threads have dealt with this issue extensively which leads one to believe that only USCIS can revoke your I-140 and that too only for reasons of fraud and misrepresentation.
- Not really; again a good lawyer who has handled several such cases will be able to clarify this.

2 - I would get the H1 extension through X (or even better H1 "transfer" to Y) processed through the premium process and then move to Y.

04-22-2007, 05:09 PM
I have an labor & 140 approved from my current employer (Jan 2006). If I now decide to take a full time employment in that case my new employer will file my GC only after 1 year which will be almost Jan 08. How can I keep my PD because I am afraid that once I leave my current employer he will use that labor for some one else.