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Number of times one can change job after I-140 approval

Discussion in 'General discussions' started by gcapplicant700, Aug 15, 2011.

  1. gcapplicant700

    gcapplicant700 Junior Member

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    I already know that every time one changes his/her job after I-140 approval, the whole GC process needs to be started from stage -1. However, I would like to know as to how many times one can change his/her job and whether the count affects Labor application, I-140.
    In other words, if one changes his/her job from company B to C because company C made an excellent offer, while I-140 was filed and approved via company A and that B->C happens while company B had filed PERM. :)
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Number of times one can change job after I-140 approval

    There is no upper limit.
     
  3. globalguptas

    globalguptas Junior Member

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    Re: Number of times one can change job after I-140 approval

    So, in the above situtation when individual switched from A->B after I-140 approval from A, he will get 3 yrs. on H-1B with company B. But now when he switch from B->C with approved I-140 from company A, will he still get fresh 3 years on H-1B with Company C?
    Assuming he spent a few months with company B and company B only transferred the H-1B and did not file Perm.
    Also, for switching to Company C from company B, does the I-140 filed by company A needs to be valid or is it ok if company A revokes I-140 for non fraud reasons.
     
  4. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Number of times one can change job after I-140 approval

    No matter how complex you want to make it, the rules are really quite simple. Once an I-140 is approved, the beneficiary gets to keep the priority date forever. If someone leaves their sponsoring employer, they may effect AC21 H1B employer portability an infinite number of times as long as the I-140 is not withdrawn. If it is, then it can't be used for further transfers.
     
  5. globalguptas

    globalguptas Junior Member

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    Re: Number of times one can change job after I-140 approval

    Thanks Ron, for the quick reply. I really appreciate it.
    Is this a common practice to withdraw I-140 once, an employee leaves the company? Does company have any benefit of withdrawing?
    I read somewhere I-140 becomes unuseful only when it is withdrawn for fraud reason, is it true?
     
  6. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Number of times one can change job after I-140 approval

    If the USCIS revokes an I-140 because they have determined that the approval was the product of fraud or a mistake, then the beneficiary doesn't get to keep the priority date. In all other instances, the employee may keep it. These days, I'm of the opinion that if someone leaves a company and they have no intention of using that job offer to immigrate, you should ask the employer to withdraw the petition. Obviously, if you need it for a post sixth year extension, you don't want to do this until you get the extension, but in all other cases, it is a good idea to voluntarily withdraw it. Doing so ensures that you won't lose your priority date later if the USCIS reopens all of the employer's I-140s and decides that the employer really didn't have the ability to pay the offered wage.
     
  7. globalguptas

    globalguptas Junior Member

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    Re: Number of times one can change job after I-140 approval

    Thanks again, this is very helpful.
    I am in 7th year of H-1B, so i need my current approved I-140 for post sixth year extension. I work for a large global consulting firm so i do not think ability to offer the required wage is an issue for my company.
    This sounds like i can freely switch jobs from A->B->C until i can find an employer who is willing to file GC for me in EB2. This is a great news :)
     
  8. das framas

    das framas New Member

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    This thread was very helpful. I was however hoping someone could provide me an additional clarification.

    If the original i-140 is approved with company A which allows me a 3 year extension to my H1B (after the 6 yr H1 cap). Now if i move to a company B at this 9th year, can i get a second additional 3 year H1 extension at the end of year 9th year based off the i-140 approval from company A. (6 yrs from original H1 cap + 3 from i-140 approval at company A ).

    In other words, im trying to understand if its 'required' for me to have an i-140 approval with a 'current' employer in order to get a 3 yr h1 extension ? Or would the i-140 approval from a previous employer allow me to get 3 year extensions to an H1 visa.

    Thanks in advance !!!
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    No, all that is required is that you have a currently approved I-140 for any employer.
     
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  10. das framas

    das framas New Member

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    Thanks Ron ! When you say "currently approved I-140 for any employer" it means that currently in terms of date right ?

    In other words, any approved i-140 with any previous employer would allow me to get an additional 3 years on the h1 extension ?

    And thanks a bunch for helping out !! This will already help me sleep better ! :)
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Let me clarify. What I mean is any approved I-140, for any employer, that has not been revoked or withdrawn.
     
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  12. das framas

    das framas New Member

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  13. dakewldood

    dakewldood New Member

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    Thanks Ron! This thread has been really helpful. A follow-up question:

    My situation: I-140 approved from employer A. Received 3 years extension (after 6 years of H1). 2.5 years left of H1 currently. Have offer from Employer B who is willing to re-do PERM + I-140. I potentially have enough time to get the I-140 approved from employer B before my current H1 expires.

    In this case, is my understanding correct that the I-140 approval from Employer B would be good enough to get the H1 extension beyond 9 years? I'm assuming that my current employer (A) revokes my current I-140 when I switch to employer B.

    Also, I assume I won't be risking my priority date (from employer A) during the transition with employer B. I have copy of my I-797 (I-140 petition approval), if that helps porting my PD.
     
  14. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Yes, your assumptions are correct.
     
  15. dakewldood

    dakewldood New Member

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    Thanks Ron.

    I see in some forums that off late there have been challenges in some cases where USCIS is not allowing PD to be ported when jobs are switched. That is if Employer A revokes I140 upon switching.

    In such were to happen in my case after I switch to Emp B, if my I140 gets approved in time with Emp B, will my new PERM filing date become my new PD?
     
  16. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Those cases are largely the product of rogue adjudicators. The USCIS Adjudicator's Field Manual explicitly states that a beneficiary may change jobs and retain their old priority date even if the employer revokes it. There is both administrative precedent and judicial case law that holds that once a beneficiary is beyond six months from AOS filling, it doesn't matter what the employer does.
     
  17. immigo

    immigo New Member

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    Thanks Ron. You mention that "There is both administrative precedent and judicial case law that holds that once a beneficiary is beyond six months from AOS filling, it doesn't matter what the employer does."

    In the above case, dakewldood only has I-140 from employer A and has not applied AOS. In this case,

    1) Will he still be able to retain priority date if I-140 is revoked by employer ?
     
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  18. Ron Gotcher

    Ron Gotcher Attorney at Law

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    According to the USCIS, yes he can. He would only lose his PD if the I-140 were revoked by the USCIS for fraud or mistake.
     

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