Can you help me make an informed decision about a job switch in my current GC process?
European, already on H1 extension (about 2.5yrs left). Currently in PERM, expecting to file I140 in May. Planning on switching to a FAANG company (have an upcoming phone call with a recruiter). I've heard mixed things about keeping/restarting your I140 at the new company. So, if I switch now (i140 not filed yet), would there be any concern to switch now? If I stayed till May and my current employer files my i140 (it should take 2 weeks via PP to get approved?), would that be advantageous if I switched directly after? I don't think the big companies revoke their I140, so I wouldn't have to wait 180 days at my old company? Last thing, my wife is still not working as we didn't get that far and apply for HmH4 EAD. Anyway, please let me know what you think and what we be a good course of action. Should I wait for the i140? Should I switch now and have the new company restart the process immediately? As I'm neither Indian or Chinese, I'm hopeful that it won't matter as much? Thanks!
I would say wait until your wife gets EAD or until you get GC. I would say you’ll have to wait 1 year before you can switch but I think it’s worth it given that your wife doesn’t have work permit and you are half way through AND you are in MS.
If H4 EAD is one of the deciding factors for you, I hate to say that it might be going away. So, I think getting you green card is better. Since you can file i140 and 1485 together, I'd say stock with the process you are in already and get it done. FAANG is not going anywhere.
According to the lawyers, if everything went according to plan from here on out, I'd receive my GC in about a year from now. Gotta admit, I kinda don't wanna wait that long and miss out on other great opportunities that pay much better. Shouldn't 2yrs be more than enough for the new company to get me the GC?
Ya.. it's enough for FAANG. I was merely pointing out that you wanted your wife to work in H4EAD. Which might be going away. If that's not a urgent, sure go to FAANG and then apply.
Getting an i140 approved and an EAD would also minimize time spent on the H1 transfer process. It’s been slow lately from what I hear.
For Google there is something called batch perm where they have standard job description already done with market labor test, and you only need to prove that you match the description. It took less than 5 months for me to finish perm. For other companies, I have not seen this. If you can get EAD before 2.5 years and if you are sure you won’t move again, it will be fine. For you to take advantage of existing GC process, afaik, you will need to wait at least 6 months after filing aos. You can file aos together with i140. This is not a legal advice!
I had my i140 approved before moving to a new job but it was useless without 6 months wait on aos.
Since your PD is current, all you need to do is get to the I-485 stage before your H1 is up. 2.5 years is more than enough for PERM + I-140 + I-485. As soon as you get your 485 EAD, you wouldn’t need to be on H1 anymore. Just curious why you never got the GC process started and waited this long.
So if I stayed here till I get my I140 filed and approved (is it true that it only takes 2 weeks with PP?), would that be beneficial for the switch? They'd be able to pick it up from there? Or would they have to restart? My GC was started about a year after I started. First one couldn't be filed, because I didn't have prior work experience (college hire), 2nd one got an audit and was denied because of a formality (job title was not generic enough...), which brings me to this current one that is happening.
No benefits at all in doing so. Please read up on labor certificate and PERM and do some research and educate yourself. It’ll help you a lot understanding the process. Each sponsor has to file their own PERM and I-140. The reasons why Indians and Chinese wait till I-140 is approved is because they want to lock their PD. When you go to your new employer, they must file a brand new PERM. You’re actually wasting time staying at your current employer. Especially with the two mess-up’s they’ve done with your PERM. I can’t believe MSFT is so incompetent with making a PERM case. Also you have to make sure your new employer starts PERM immediately. Have them put it in the offer letter. This new PERM should be smoother because your MSFT experience now counts to make the case.
It only took 4 months for me to get GC from the time when I applied for I140 premium I485 concurrently. Perm was the longest part for me. If you leave without an approved I140, you would have to do this all over again. I would wait. Just make sure to file premium and file I485 concurrently
I feel safe to wait for whole GC process to be complete...