has anyone encountered situations where your priority date is current, in your last year of H1B and want to do a job change? I have searched on multiple forums and do not have an unanimous answer. Some concern I heard: - need to file I-485 within one year of PD becoming current, which I cannot do since my PERM at current employer is being processed - cannot extend H1B if PD is current and at final year of H1B with new employer I am checking with immigration lawyers at my company but couldn’t really declare my intent to leave, hence asking here TC: 236
A couple of lawyers including Fragomen told me it is not possible, once your priority is current. Another couple of lawyers including Sheila Murthy told me 1 year extn is possible. Why do you want to change now? File 485 and after 6 months you can change without even having to use H1. New perm and I140 will take 2 years in most cases.
my current PERM is still being processed. Just finished the prevailing wage determination part, hence restarting wouldn’t take much longer I kinda wanna quit this employer asap😎 It’s draining me out and manager is suppressing
also even with current employer, if I can’t file extension I can’t proceed with I485 given how much longer it will take right?
consult a third party immigration lawyer. I have consulted with them for 20 mins for $99 - worth it!I used cilaw group, google them and see if you can sign up for a consult. Will give you more reliable advice than fell people here :)
Wait for a while. Once you get gc, you are a free man.
Oracle let’s say you are in company A that’s holding your H1 + perm of GC I mean I-140. Now you are planning to join company B. What I would say , process your h1 transfer with company B and see where it goes. If you get 3 years extension with the transfer to company B . Join company B and start your I-140 + I-485 together. But I suggest speak with lawyer once.
PD is current, so extension at maximum will probably be one year. I’ll consult lawyer in the meanwhile. Thank you for helping