Change of employer before I-140 180 days window closure

New UUxP28
Jul 10 25 Comments

TL;DR: Should I wait for an additional month at the current company to finish 180 days, when I have a strong motivation to not to wait?

Situation: Have approved I-140 but 180 days window not completed yet - would be around Aug end. Have got an offer from another employer. H1B transfer is expected to be completed by the end of July.

Now, I know that the safest path is to wait till Aug end but my joining date will go in Sep. (Resignation in Aug End + 2 weeks notice period)
My new employer might be ok with waiting.

However, I want to join asap new company because:

1. Current manager is going on leave for a very long duration (>3 months) in Aug end - after my 180 days end date. He is counting on me for certain things. I feel like putting papers right after he goes on vacation might irritate his manager. If I resign before he leaves, he might get enough time to arrange for someone else for that work.

2. Super excited about the new opportunity. It is in early stages of conception and design phase. Would like to be there during that stage.

3. Financial loss - might lose out on some benefits in new company joining this late in the year, plus my new TC>>my current TC. So, every extra day I spend here is significant loss

Considering all this, should I resign right after H1 transfer is completed?
Whats the minimum time the company would take if they decide to withdraw? (Basically trying to decide if I at least save on some days)
I do understand significance of 180 days window, especially when I am pretty close. But considering above reasons, am I thinking whether that risk is worth taking?

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TOP 25 Comments
  • SAP MrDT
    I'm in simular situation, except for my wait is a little longer (beginning of October). I strongly advice you to wait. If you move before the 180 days mark you almost certainly have to start entire GC process from scratch (PERM, I140, medical exam, I485). Think of all that shitty paperwork. Also with HR1044 and S386 having a realistic (although not likely) chance of being passed you might get screwed epically if you have to start from scratch at the beginning of a potentially much longer queue.

    just FYI: My employer was fine to wait an additional 2.5 months after their own lawyers adviced so when they started to process my h1b transfer. I'm sure yours will be fine to wait 1 month as well and if they're not I'd say you dodged a bullet.
    Jul 10 6
    • SAP MrDT
      oh sorry, I misread your post and thought you have an I485 (instead of i140) which is pending less than 180 days. You're right you have to do everything again even after 180 days of approved i140, but you'll keep your priority date. Once your I485 is pending for more than 180 days you can switch employers without starting process from scratch.
      Jul 10
    • New UUxP28
      OP
      Thanks for the reply. So, now that you know that this is about 180 days of I-140 and not I-485, would your suggestion still remain the same?
      Jul 11
    • Amazon Fgwb11
      You get to keep the priority date even if it's less than 180 days after approval.
      The only thing that gets affected is the ability to renew H1B beyond 6 years. But if you have another i140 by then, you're safe.

      Ref : http://www.balglobal.com/wp-content/uploads/AC-21-Regulation-Summary-Handout.pdf

      Looks like a reliable source.
      Jul 14
    • New YSFc33
      Wow..this is indeed very useful @Fgwb11. Thanks!
      BAL is an immigration firm for many tech firms including Google. So definitely a reliable source.
      Interestingly, found contradicting information from another trustworthy law firm: https://www.rnlawgroup.com/h-1b/628-what-happens-when-an-i-140-is-withdrawn
      "Additionally, with regard to retaining priority dates, an I-140 must remain approved for 180 days before a beneficiary becomes entitled to the priority date of his petition for priority date portability purposes. That is, if you have an approved I-140, you will be granted the priority date of that petition only if it has been approved for 180 days, regardless of when or if the I-140 is withdrawn by the employer." Whom do we trust then?
      Jul 24
    • Yelp bbtea
      @YsFc33 the second one reads to me like saying the 140 has to not being revoked by USCIS, which is different than withdrawn by employer. My understanding is even your employer withdrew your 140, it may still remain approved.
      7d
  • ServiceNow yagu55
    Op, why do you think the company is going to spend additional money and time to withdraw your 140 ? Have they done that in the past?
    Jul 12 9
    • Expedia / Eng RslS72
      Mind sharing names of those two employers? Also, how come it happened twice? If your priority date got retained the first time, how were u subjected to 180 day period again?
      Jul 12
    • ServiceNow yagu55
      Got 1st PD in company one. Left before 180 days. Retained same PD for I-140 in company 2. Left before 180 days. Currently will be using the original PD in company 3.

      I know a friend who returned to his ex employer who had never withdrawn the I-140 even after a year. So he dint need to apply again when he returned back. The lawyers said his old i-140 was good enough.
      Jul 12
    • Expedia / Eng RslS72
      Oh ok. I was thinking in 2nd attempt you were using older PD, 180 days window won't matter
      Jul 12
    • ServiceNow yagu55
      Yes. Anyways, what i was trying to say is that op can try to find out from ex employees or the policy book to see if they will withdraw. The reason I left before 180 days was because I was pretty sure my company does not withdraw 140.
      Jul 12
    • New YSFc33
      Hi, OP here.
      Company policy says - "At its sole discretion, <Company> may elect to withdraw the I-140 visa petition before the Adjustment of Status has been filed or before the Adjustment of Status application has been granted.". Tried to ask around ex-employees, but could not find a single case of people leaving in 180 days period. People have either left before getting I-140 or after 6 months of getting it (not because they knew that the company will definitely withdraw but more as safety precaution)
      Jul 24
  • Facebook / Eng muckzuc
    100% you should wait. Green card gives you freedom now and later and that's worth more than anything. Trust me I was there and glad I turned down a great offer just to wait for the GC
    Jul 10 3
    • New UUxP28
      OP
      Thanks for your reply.
      So, your suggestion is wait till 180 days window closes even for putting the paper, right? Even when it pisses off my manager and his manager as i will be catching them off guard once the manager has left for a long vacation?
      (Not a rhetorical question, just trying to check if I understand correctly)
      Jul 11
    • Facebook / Eng muckzuc
      So, your number one goal is to make sure anything you do won't jeopardize your greencard process. You should wait the 180 days window before even letting them know you're leaving. Chances are they could be pissed and fire you immediately so you definitely need to guard against that.

      As for you boss, be sincere and try your best to minimize the disruption to your team and company. Be thoughtful about it. You're not trying to be a jerk, you're just looking out for yourself and advance your career. If you lose a few relationships, it's painful but if the new job makes your life happy, it's all worth it.
      Jul 11
    • New UUxP28
      OP
      Makes 100% sense. One last question - for 180 days calculation, we should consider the `Notice Date` on I-140 notice, right and not the `Received Date`?
      Jul 11
  • Apple / Eng Marijuana
    You will lose your priority date if you switch too soon. Your new priority date would be based on when the new company gets the paperwork done.

    But if you stay, you keep your priority date. So, your choice.
    Jul 11 3
    • New UUxP28
      OP
      Hmm, I know. I was just wondering if I can save on some days considering the fact that even if the company decides to withdraw, they will take at least some days to process that.
      Jul 11
    • Apple / Eng Marijuana
      If it's a single digit number of days, why take the risk?
      Jul 11
    • New YSFc33
      Hi, OP here.
      Yes, I agree. It is more for the reasons mentioned in the post. I think it will be a matter of 10-15 days, based on how much notice period I am asked to serve. But I do get your point.
      Jul 24