View Full Version : approved 140 and switching job

05-22-2006, 05:34 PM

I have PERM labor and i140 approved with current employer in EB2 category. The priority date is Nov. 2005. The problem is, since the project I am working on is near completion, its difficult for me to assume job secuirty after 1 year. hence I wanted to swicth the job right now and I have couple of years on H1B in hand so that I can get started with Green card at new company. My questions are -

1. With new employer can I use the priority date of i140 approved with old employer. (I know that I will need to file PERM labor and i140 again).

2. Is it true that I can use PD only if old employer does not revoke it. In that case is there a way for me to make sure old employer does not revoke it?

3. Incase I could not file Green Card with new employer soon, can I get 3 years of H1B extensions with new employer, after my 6 years of H1B are over (since I have i140 approved with old employer)?

I will really appreciate anyone can give me some brief guidance on this.


05-22-2006, 06:12 PM
1. YES
2. Your employer not only should not revoke your I140 but should not be using the LC for someone else. If he chooses use it for some one else the originla beneficiary will no longer get its benefits.
3. The condition for three years extension is you are not able to get to I485 because of retrogression so they will give you three years,
It is possible with a different employer only if the new LC and I140 is approved and you are waiting to file I485.

This is what I know, but I am not an attorney so better to talk to your (new) company attorney before making the move.

05-22-2006, 08:43 PM
What happens if I am in the 6th year of my H1, have the LC and I140, both approved from my current employer, and file for H1 extension while waiting on the retrogression...By all means, I will get the 3 year extension...

But, here's what is interesting I also have a concurrent H1 with another employer since the 5th year of my 6 year stay from the day I first entered on a H1. Assuming I have the LC and I140 approved on my 1st H1 and get the 3 year extension past the 6 years, can I get a similar 3 year extension on the concurrent H1?

Can anyone shed some light on it?