I-140 status while changing companies
Hi, I am working with my employer to file for I-140 premium but I am also looking to change jobs in few months. Hoping the job change happens within 3 months, what are the repercussions that would have my I-140 and immigration status. Once the premium opens on June 8th(as mentioned in USCIS website), I guess my I-140 will be ready by June 30th. And if I want to change my employer in July/August, would my I-140 stay as the rule says employers can withdraw I-140 within 6 months duration after it is approved. Can I work with my employer to not withdraw approved I-140. Is it even possible. I am on 5th year of my H1B and 6-year duration would be completed by Nov 2021. TC - 180k #h1b #workvisa #immigration
You have to wait 6 months, or you are putting yourself in big risk. No employer will be willing to not revoke I-140.
That's a bit of an overstatement. I'd say it's rather unusual for i140 to be revoked
Which world are you in Accenture? No sane company revokes I-140. It is not worth the effort.
The rule is that - if you want to keep your priority date and carry it over to the new GC application with your new employer, you need to wait for 180 days after i140 is approved. If you switch immediately after getting i140 and not wait the 6 months, it’s as good as switching right now - in which case, you’ll lose your priority date and all benefits of your current GC process would just be completely undone.
Only if the employer requests USICS to withdraw the I-140 within 180 days
Thanks, this is really helpful
Why is your TC so low ?
Wait till I-140 gets approved and then directly talk to your manager/HR and legal team, if they will withdraw it or not. Most of them don’t since there’s a big chance you will boomerang back to amazon in future.
Wait until your I140 gets approved, then change jobs, will get 3 more yes extension with new employer. Your new employer has to start the gc process anyways starting from labor... so the previous employer can withdraw I140 as they don’t want to spend money... even if they revoke, it wouldn’t impact you!
Cool, but that means my old 140 is withdrawn and priority dates will changes according to new 140 from New employer. How do I get 3 more years extension. Do you say the visa transfer will also initiate the H1B extension.
Your priority date will not change! And yes 3yrs with extension