I have 2 years left on my H1B , planning to join Amazon as PM (L5). I will probably get my I140 with my current company in another 3-5 months , according to USCIS rule you can change employers only after 6 months of the approved I140 date. I spoke with the hiring manager and they are okay starting the process from Day 1 at Amazon. It is a great role and I don’t want to lose the opportunity but I also see a risk to it. Any advice ?
Do premium processing of I140 and leave. You may have to pay from your pocket but you will get to retain your priority date. There is no such rule to stay for 6 months. That’s for 485 portability and retention.
This is simply not true. Per USCIS: "The petitioner may request to withdraw a Form I-140 at any time. However, if the petitioner requests to withdraw a Form I-140 that has already been approved for at least 180 days or if an associated Form I-485 has been pending for at least 180 days, we will not revoke the approved Form I-140 and the beneficiary will retain the priority date from the form." https://www.uscis.gov/forms/petition-filing-and-processing-procedures-form-i-140-immigrant-petition-alien-worker
I stand corrected. That said I did this myself for my first 140 and never had any trouble. My I140 was not withdrawn. It may be because I worked for F500 and they did not revoke I140’s. If it matters I got my GC a while back.
File your I140 with your employer in premium processing. If you do not stay for 6 months with your current employer after I140 approved, they can withdraw the I140. If possible workout with your current employer and make sure they do not withdraw even you leave before 6months. So rule is I140 needs to be withdrawn before 6 months to make it not usable. If your employer withdraw after 6 months of approval it will not impact your future extensions.
Okay thanks. That’s what the lawyer said too but amazon might not wait till another 9 months for me to join them. I just need to weigh the risk vs the opportunity.
Withdrawal no longer bars you from retaining PD or filing for extension unless it is withdrawn for fraud. You can check rule making documents for I140 rule published a few years back which granted EAD to few folks in I140 under certain conditions
Go Amazon. They're are the fastest company regarding green card. Got friends that had theirs in hand within 11 months of start which is insane. At Microsoft and most other places is at least 2 years.
The timeline is dependent in the government not the company.
Lol. There's a lot that's based on how fast the company is. +Amazon literally skips market assessment stage saying that always has open positions and I don't hear other companies doing that
COB OP?
Consult with your lawyer before doing anything