I-140 question

New rPrx12
Jul 25, 2019 14 Comments

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

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TOP 14 Comments
  • Goldman Sachs lloyd_b
    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).
    Jul 25, 2019 2
    • Cisco alcoho
      Yes this is correct You should be fine
      Jul 25, 2019
    • Citadel Securities wagecuck3
      INA 203(g)
      Jul 26, 2019
  • eBay Yvd07
    You can do concurrent filing for 140 and 485 if your date is current. Im not aware of any 1 year rule but even if it exists you should be able to get the perm approved and file 140 and 485 concurrently within the same year.
    Jul 26, 2019 1
    • Citadel Securities wagecuck3
      INA 203(g)
      Jul 26, 2019
  • New rPrx12
    OP
    Thanks 🙏
    Jul 26, 2019 0
  • Apple tacos-
    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 👍
    Jul 25, 2019 0
  • New rPrx12
    OP
    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.
    Jul 25, 2019 0
  • Apple tacos-
    There is 0.01% chance they might pass S386 and your date becomes current sooner - wishful thinking 🤞
    Jul 25, 2019 0
  • New rPrx12
    OP
    Thanks
    Jul 25, 2019 0
  • Citadel Securities wagecuck3
    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.
    Jul 25, 2019 0
  • New rPrx12
    OP
    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.
    Jul 25, 2019 0
  • Palo Alto Networks cJGl32
    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
    Jul 25, 2019 0

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