Impact of Switching jobs on GC process.

NVIDIA phaha7e
Sep 4 15 Comments

I am on H1B Visa with a priority date that could be current in a year or so. I am planning to switch jobs which means my green card process will restart.

The company lawyers told me they would get the H1B transferred, start the GC process and ask to retain the priority date while filing I140.

Here are the two scenarios I can think of,
- They start the process, by the time my i140 approves, the priority date is still not current. This effectively means nothing changed in my GC situation compared to today so I should be happy.
- The date becomes current while my Perm/I140 are still in process and then the date retrogresses. In this case, would I have to wait for it to be current once again. Is that correct?

Any other scenario/gotchas I should be aware of?

TC: 250k
10 YOE
Indian origin.

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TOP 15 Comments
  • Google needafrnd
    Why have you tagged Amazon and Google?
    Sep 4 0
  • Wells Fargo gNsj26
    Do *not* switch job.
    Sep 5 1
    • Google / Mgmt hoooli.xyz
      Bad suggestion - if based on the hope of getting GC soon.

      Good one - based on current immigration climate.
      Sep 5
  • Microsoft ezpzgc
    There's one thing I learned from my colleagues who've been on H1 for decades.. Don't tie your career to immigration policies. What's your priority date BTW
    Sep 4 5
    • NVIDIA phaha7e
      OP
      PD is July 2010. India.
      Sep 4
    • NVIDIA phaha7e
      OP
      I feel the same been stuck with the GC stuff for way too long.
      Sep 4
    • Microsoft ezpzgc
      You're quite close. I can understand how it's not a simple decision for you.
      Sep 4
    • Google / Mgmt hoooli.xyz
      Oh your wait time can be anywhere between few years and 12 years. You are being very optimistic if you think you will get in few years.
      Sep 5
    • Google / Mgmt hoooli.xyz
      I did some math with my friend and I think you are looking at 4-8 years of wait based on petition filed.
      Sep 5
  • Amazon njsjizosnn
    The i140 process takes about 2 years assuming you do i140 in premium processing. So, if you think your priority date might become current in 2 years, then stay at old job. If not, then apply as soon as you start with other company.
    Sep 4 2
    • Amazon NotAFanBoy
      140 does not need 2 years, just Amazon needs 2 years because useless Fragomen
      Sep 4
    • Amazon njsjizosnn
      OP has 10 yoe so their priority date can easily be 2010 and for that PD, wait is not 140 years. Agreed with your comment about Fragomen.
      Sep 5
  • Microsoft ezpzgc
    Your assumptions on the post seem correct. At the current rate, you should have i140 approval before your PD gets current. However any layoffs at the new workplace would delay labor filing.
    I would consult an immigration attorney (you should have this benefit, some free attorney hours.. most companies do) and confirm what I gather on blind
    Sep 5 0
  • Google / Mgmt hoooli.xyz
    What country are you from? What is your PD?
    Sep 4 0
  • Google / Eng rheimann
    Just stick it out I guess. But I think you're being optimistic if you think it'll become current in an year.
    Sep 4 0