Changing employer after approved I140

New bQJU74
Jun 11 8 Comments

Can the new employer put a clause of spending minimum X amount of time at the new company before starting the GC process even in the case employee with approved I-140?
Asking because there is no such thing as of I-140 transfer, it is as good as a new GC process from the employer perspective (just priority date gets retained)
In that case (new employer not starting the GC process immediately), will the current I-140 be still valid? If yes, how long?

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TOP 8 Comments
  • Union Bank namma
    Spend 150$ hire an attorney for an hour, because you will keep getting conflicting answers. Though, after 140 and spending 6 months you can get unlimited h1b extension and i140 only should be valid at the time your GC date become current
    Jun 11 0
  • DivX / Other getboss
    If you have already spent 6 months after I-140 in current company, you are good to go. U Donโ€™t need to worry abt filing GC at new company until the ur priority date gets as close as 1-2 years.
    Jun 11 2
  • I-140 by itself will be valid as long as you stay atleast 6months in the company itโ€™s approved with.

    Obama govt introduced this rule to be able to port the date and allowing people to change companies somewhat.

    Your new employer cannot extend your H1 visa which is usually give for 3yrs when you change employer. Reason they give another without simply cumulatively calculating 6yr H1 cap is because they give your new employer to file PERM, followed by i-140.

    You need to make sure if the new company intends to start your PERM at least within a year of your start date or whatโ€™s their policy about it and make sure it happens before you move.
    Jun 11 2
    • New bQJU74
      OP
      1. What if an employee has left before 6 months and old employer does not withdraw the petition
      2. I thought H1 extensions are granted beyond 6 years on previous employer's I-140 (at least after 6 months are finished), let alone 2nd extension of 3 year, which should be anyway granted whether or not employee has started GC, right?
      Jun 11
    • 1. Then you can no longer port the priority date.
      2. Check your visa and you will see your employer name on it. It closely tied to employer. Usually employers doesnโ€™t care to withdraw a petition so 140 stays valid ONLY to port the date but not to extend the visa when you are working for another employer. Hence the new one needs to have your new 140 approved to extend your visa if you stayed there for more than 3 yrs
      Jun 11
  • @OP: His information is half correct - ignore.
    Jun 11 0