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I140 Approved With Current Employer - Client Willing To Sponsor H1 And Gc

Discussion in 'AC 21 I-140 Portability' started by nikhs84, Jan 4, 2016.

  1. nikhs84

    nikhs84 Member

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    Hi,

    I have an approved i140 with my current employer and my PD is July 2014. I have been working for the same client for around 2 years (PERM and i140 for this location/client only). Now, because of some policy changes, my client prefers to hire me on H1B and willing to sponsor my GC. What are the implications for changing the job at this point of time and if somehow my H1B transfer to the client fails, can I go back to my current employer without new H1?

    Regards.
     
  2. Santy

    Santy Guru

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    1. Discuss with your current employer first and let them know that you want to switch.
    2. Maintain a very cordial relationship with your current employer. you never know, you might need to go back to them in future.
    3. Ask them not to revoke your I140, tell them that you will be joining them in future... Be transparent as much as you can.
    4. Ask your client to file H1B on a premium basis.
    5. Join the client once your H1B gets approved.
    6. Force your new employer to file GC as soon as possible.
    7 Port your date during I140 filing.

    HTH.
     
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  3. nikhs84

    nikhs84 Member

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  4. KalyanY

    KalyanY New Member

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    I requested my new client to first start GC process with labor and I-140 and then talk about H-1b transfer. They are even ok with that proposal.
     
  5. friend1201

    friend1201 Member

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    Ron,
    My friend has a similar situation to the one described above. He has worked for one client during his 2 years and 8 months with his employer. There is a possibility that the client will want to hire him directly now.

    He has gone through the EB2I green card process with his current employer up through getting an approved I-140.

    Questions for you:
    1) Could the client file a PERM with the following changes vs his current PERM without causing a problem for him to maintain his priority date or otherwise?
    - Change the wage level from 2 to 3?
    - Increase the prevailing wage shown on the PERM accordingly by $12,500, per the current fls-data center info?
    - Increase his offered wage accordingly? What is the 'allowed' $ difference from original PERM that would not create a problem?

    2) Do you think it would be a risky move for him to make now given what may occur if Trump is elected? (I am concerned about this because I think he will be elected based on what has happened to date.) Specifically, since his PERM process would likely not be approved before January 2017 at this point, I think a move now could put him at risk of not being able to get back in the green card process line again. At least for now he has his approved I-140. I think that may be helpful initially with any big changes Trump may make, if he follows through on some of his stated intentions

    What advice, if any, are you going to be giving your clients about this?
     
  6. allswell

    allswell Guru

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    where are you guys finding these direct hires esp for ppl on h1b? what skill set do you have?
     
  7. specifione

    specifione Junior Member

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    Multiple ways:
    1)normally most of these will be contract to hire type positions..you work for client couple of years as contractor later they will offer you FTE.Majority comes this way..
    2)if you are having specialized skills and strong technically which are not easy to find then client will open up and take as FTE directly
    3)If you have strong reference..

    In my experience without any of the above its not an easy task to get even call for H1b people :)
     
  8. allswell

    allswell Guru

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    lol how can they know you are 'strong' with great reference if they even call you because you are on h1

    I wonder then how 65k ppl apply for h1bs every year
     

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