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Changing Employers , Can It Be Possible ?

Discussion in 'Nonimmigrant Visa Applications' started by massmaharaj, Jun 28, 2014.

  1. massmaharaj

    massmaharaj New Member

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    I have approved i140 with my current employer under eb2 with job name A and job roles are A1, my client offereed me a fte now, that will be job name as B and Job roles are B1,
    Here Job name A does not match with Job name B
    and Job name A all roles A1 does not match 100 % with job name B all roles B1

    1.if i go for fte , can i use my earlier priority date ( that is which i got from my employeer)
    2.My employer will not provide the any experience letters will that be fine?

    Please let me know
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Once an I-140 is approved, unless it is revoked for fraud or mistake, the beneficiary gets to keep the priority date, no matter what.
     
  3. DamperGreen

    DamperGreen Junior Member

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    Hi Ron,

    I have a related question. Assuming I move to a different employer that does not file an I-140 for me. But my previous employer doesn't redact the I-140 filed on my behalf. In such a situation, am I eligible for H1-B extension if I have already extended more than twice ?

    Thanks.
     
  4. DamperGreen

    DamperGreen Junior Member

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    Just a clarification to my above question - what I mean is, am I eligible for H1-B extension with the new employer after the usual 3 years duration with new employer even if the new employer hasn't filed a PERM application but the last employer hasn't withdrawn theirs.
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes you are. It doesn't matter who you are working for, if you have an approved I-140 that remains valid (not withdrawn), then you are entitled to an extension of up to three years.
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Again, yes you are.
     
  7. DamperGreen

    DamperGreen Junior Member

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    Thanks for the quick response, Ron !

    I really appreciate all the pro-bono work you put here on this forum. Thank you.
     
  8. DamperGreen

    DamperGreen Junior Member

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    By the way, I am assuming that that I-140, even though it remains valid will never qualify for AoS because I don't work for the employer that filed it. And the new employer hasn't filed a new one.
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    The I-140 is valid only for the employer that filed it. You are entitled to retain the priority date from it, but you will need a new PERM/I-140 from a sponsoring employer.
     
  10. DamperGreen

    DamperGreen Junior Member

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    So what happens when the I-140 date from last employer becomes current while one has switched jobs with a new H1-B but no new PERM. Does it just remain current for eternity because the person can no longer file for AoS against it ?
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Eventually, the government will purge the record if the I-140 is not used.
     

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