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Change Employer ..new I-140..h1 Extension

Discussion in 'AC 21 I-140 Portability' started by A2J, Sep 16, 2016.

  1. A2J

    A2J New Member

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    Hi Ron,

    I am currently working for employer A on H1-B(expiring Sep'17) and i am past the 6th year of H1-B.
    My original I-140 was filed by employer A with priority date for Jan'14. Since then i was promoted to managerial position and have refiled the PERM as a "manager". I now have the LCA approval for the same but I-140 has not been filed as yet.
    I am looking to change job to company B and wanted to know if Company B can file for new I-140 immediately or will they have to refile a new LCA.
    Incase a new LCA has to be file, Can Company B ask for visa extension if the LCA hasnt been approved by then?
     
  2. Santy

    Santy Guru

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    You can join Company-B however your GC process will start from scratch. You need to be careful, don't join or put your papers before the new H1 gets approved based on your approved 140. If Company-A revokes I140 before your H1 transfer is completed,you will find yourself in India. The best bet would be to convince employer-A not to revoke I140.
     
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  3. A2J

    A2J New Member

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    Hi Santy,

    Thanks for the response.
    So can Company B file for new H1 transfer based on my Company A I-140 while also extending the H1 beyond my current expiry date (Sep'17)
    Just wanted to confirm that my original I-140 date will still be valid even if i move to Company B
     
  4. Santy

    Santy Guru

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    1. The H1 transfer will only be done based on approved 140 at this point of time.
    2. If your LC from new employer is approved then you file 140 and at that point of time you request to port your old date. Porting date will not be a problem. I want you to understand that your new 140 needs to cross two barriers, approval of LC and 140 and if you trip in any of these for any reason, you will have to go back due to time crunch. I therefore suggest that you work to save your approved 140.
     
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  5. Greeeeencard

    Greeeeencard Guru

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    And that's where the new rule RIN1615: AC05 WOULD BE HELPFUL. I don't understand why people say it will be completely useless, see this OP's scenari oand many others who want to change post 6 years with approved I140.
     

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