I-140 question
I got a job in a new company but I am thinking what happens to my H1B status in the following situation: 1. Priority date: June 2010 (EB2) with current employer 2. Never filed I-485 as my date was never current 3. I can get 3 years of H1B extensions as I have approved I-140 with my current employer 4. If I change my employer, I can get 3 years extension with my current I-140 If my future employer starts processing my perm then it will take 1 year to get my perm approved (in case of audit or some delay) Assuming that my date becomes current in Oct 2019, and I could not file my 485 (as I will not have perm and I-140 approved via my future employer) then would I be out of status? I heard that if one does not file his/her 485 within 1 year the date becomes current, he/she will be out of status. Please share your thoughts on this rule. Thanks
Never heard of this rule. Also if that’s the case if the perm is done in 8-9 months - you can do premium processing for i140 - which does not take more than 2-3 weeks
Also don’t count on dates for EB2 or EB3 to be moving that fast- they will not move. I have a priority date of 2012 and when my GC was filed back then - 2008 June was current , it’s been 7 years already and the dates have hardly moved by an year
Thanks @cJG132 Yes, if my I-140 gets approved within 1 year of my date becoming current, then hopefully I will not have any problem. In any case I do not have any hope to get my date current. I missed my date in 2012 by 60 days. Over the past 5 years I lost many lucrative jobs thinking that my date can be current at anytime.
This is a valid concern - there can be INA 203(g) cancellation if your priority date is current for 12 consecutive months and you don't apply for an immigrant visa during those 12 months. However, EB-2 India cutoff dates only move forward a few months per year, so I think it's fine for you to switch companies now.
Thanks
There is 0.01% chance they might pass S386 and your date becomes current sooner - wishful thinking 🤞
I honestly wish that too. I have missed many lucrative job offers over the past 5 years thinking that my date could be current any time.
But theoretically perm takes 6-8 months, if your date does become current in that period and doesn’t retrograde you should be ok All d best 👍
Thanks 🙏
Never heard of that rule. Is that somewhere in uscis website? (There is a rule that you have to file i-140 within 6 months of PERM approval) I think you should be fine as long as you have valid h1b and then to wait until new PERM/i-140 approval before filing AOS (if PD becomes current by then).
Yes this is correct You should be fine
INA 203(g)