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Job Change After I140 Approval

Discussion in 'I-140 job portability' started by tempstayusa, Mar 17, 2016.

  1. tempstayusa

    tempstayusa New Member

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    Hello,

    Here is my situation. Need your expert opinion.

    I have approved I140 (EB2 category) with PD of Jan 2010 with Emp A. No EAD yet. This is 11th year of my H1B visa. Current visa extension is valid till Feb 2017.

    1) I am planning to join Emp B. Based on Emp A’s approved I140, will I get 3 years visa extension? OR will I get 1 year visa extension? OR will I get visa extension valid till Feb 2017?
    2) When Emp B starts green card process, will I be able to retain my original PD of Jan 2010? OR will I start from scratch again? If Emp A cancels/withdraws I140, will the answer change? I have read about BIA decision on one such case recently (where they did not allow to retain original PC), not sure if that will become precedent moving forward.
    3) Suppose I move to Emp B, Emp A does not withdraw I140 and my PD becomes current. Will I be able to submit I485 on my own (based on Emp A’s approved I140)?
     
  2. tempstayusa

    tempstayusa New Member

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    Hello Ron, Can you please let me know your opinion? Thank you.
     
  3. DonDraper

    DonDraper Guru

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    1) If I-140 is valid when H1b is applied you will get extension. 3 years or 1 years it depends on your specific situation
    2) PD can be retained
    3) No you dont work for Emp A and you cannot file i-485 just like that
     
    s_gan and Ron Gotcher like this.
  4. tempstayusa

    tempstayusa New Member

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    Thank you for quick reply.

    Quick question about your comment. I did not understand "depends on your specific situation" part. I have read 3 year extension rule mentioned below. Are you referring to this?

    "3 year extension Based on Approved I-140 petition under AC-21 106(c)
    You may extend your H1B status for 3 years if you are the beneficiary of an approved I-140 petition but your priority date is not current, (immigrant visa number is not available to you)."

    I have received 3 year extension before.
     
  5. DonDraper

    DonDraper Guru

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    the period of extension is based on what your lawyer submits for.if you work for an employer you will get 3 years but if you work client/vendor model you might get the extension based on contract documents
     
    s_gan likes this.

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