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Swithcing The Jobs With I-140 And L1

Discussion in 'I-140 job portability' started by ShadowfaxRider, Aug 13, 2015.

  1. ShadowfaxRider

    ShadowfaxRider New Member

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    Hi Ron,

    I have been a long time follower of this forum and have gained immense knowledge on the Immigration aspects. Would like to thank you for all the prompt responses you provide with great patience and being so helpful.

    I have a situation which is complicated to me and would like to get your inputs. Below are my details and kindly request you to comment on the same.

    Company A:
    1. Dec 2005 - I came to US through Company A on L1-b, stayed till Sep 2008.
    2. Oct 2008 to Sep 2009 - Spent this time in India due to personal priorities
    3. Sep 2009 - Returned back to US
    4. Feb 2011 - Company A applied for my H1-b and got it approved.
    5. Jun 2011 - I changed my job to Company B.

    Company B:

    1. Jul 2012 - Company B applied for my PERM (in the 6th year of H1) which went into audit.
    2. Jan 2013 - Since my H1-b was expiring upon completion of 6 years (Jan 2013 max-out), and since my PERM was in audit, I had to be outside of US so I joined the offshore branch of Company B in India.
    3. Aug 2013 - Few months later, my PERM was denied.
    4. Nov 2013 - Company B filed for a second PERM
    5. Mar 2014 - Once I completed 1 year employment in India, I applied for fresh L1-A and got it stamped
    6. May 2014 - Meanwhile, my 2nd PERM got approved
    7. Jun 2014 - I came to US on my L1-A as a regular US employee for Company B
    8. Jul 2014 - After coming to US, my I-140 was applied and got approved

    My question is, can I now switch to any other company based on approved I-140 ? i.e. Can I switch to Company C on the prior H1-b & my approved I-140 ? I understand that if I change the employer, my PERM and I-140 will need to be re-done. I'm concerned about the fact that I'm in L1-A status right now and whether will I be able to switch. Please advise
     
  2. Ron Gotcher

    Ron Gotcher Attorney at Law

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    You should be able to switch to another company as a non-cap beneficiary. You should consult with counsel before acting, however.
     
    ShadowfaxRider likes this.
  3. ShadowfaxRider

    ShadowfaxRider New Member

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    Thank you Ron for the inputs. I will consult with the counsel before moving forward. Thanks again !
     

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