Job Change with i-140

[visa123456 0]

hello,

 

I have an approved I-140 with my current employer for a engineering manager role. I want to switch jobs now to a similar engineering manager or individual contributor role. My visa expires in June 2023 and I will be completing the 6 years on H1-B which means that I need the I-140 for further approvals. Will changing my job mean that I need a new I-140? Does it matter if this new job is in a different location?

 

Appreciate any help on this! Thank you!

[JeanneAdil 6,653]

Have u applied for permanent residency with the I 485?

 

if so,  lots of internet attorney sites saying "u can with same of similiar job"

try an internet research as u know ALL  about your case 

 

example:

https://www.immi-usa.com/job-change-after-green-card-approval/

[visa123456 0]

No I just have a I-140 and will not be eligible to apply for i485 anytime soon. I do see articles that say if you meet the job portability requirements, you can change but I wanted to confirm. Mainly because if I do have to restart the green card process, it is unlikely that I'll receive my i-140 within a year.

[visa123456 0]

I found this post that says that I can ask my new employer to file for extension based on I140 from previous employer which addresses my concerns. Thanks for the help!

 

https://www.avvo.com/legal-answers/can-i-file-h1b-extension-with-i140-approved-by-pre-4055020.html

Edited January 19, 2022 by visa123456

[arken 4,197]

How long it has been since the i140 approval? 
 

Remember even with successful h1b transfer and extension beyond 6 years, your new employer will need to file nee PERM and i140 if they want to sponsor you. Old i140 PD will be retained for new i140.

[visa123456 0]

It's been about 5years now and June 2023 will be the ending of the 6th year. My understanding is that I can switch now and my new employer can apply for an extension with my i140 from current employer. And if I'm planning on staying in that company for some time, I can ask them to reapply for i-140. Is that correct? Or will the new employer have to get a new i140 before they can file for extension in 2023?

[Bajinga 136]

Yes, you can switch jobs to similar roles in other companies. with approved I-140 your priority date is now locked. I had done this with two employers post H1-B 6 years.

• your new employer can file the new H1B application for transfer and they will use the I-140 approval notice as a proof that you are eligible for extending the H1-B. once approved you will receive H1B that is valid for another 3 years. any number of employers who wish to hire you can do this in parallel. 
• your new employer will need to do PERM after and also file a new I-140, you will retain the priority date from your first approved I-140. to be safe you should come to an agreement on this as part of the offer with the new employer.

Also, if the old employer does not revoke the original I-140. you will also be eligible to adjust status (I-485) through that employer once the priority date is current, provided they are still interested in hiring you at the time. 

Edited January 19, 2022 by Bajinga

[visa123456 0]

Incredibly helpful, thank you so much everyone!