I-140 Approved (PD: Jan12) ; H1B valid until Mar 17 ; Can i change employer ?

[neoramalingam]

All,

I have an unique situation - Appreciate if you could help.

My current employer (A) has filed GC.
GC Status:
Category - EB2
Current Status - I-140 Approved
Priority Date - Jan 2012
(p.s:. My PERM went into Audit and got cleared)

H1B status -
6 years completed
Currently on 3 year extension based on I-140.
H1B extension is valid until Mar 2017

However, I got an offer from my previous employer (B).
They've promised to initiate GC process (starting from scratch) and port my original priority date.

Questions:
1. Can my previous employer (B) do H1B transfer which is based on I-140 of my current employer (A) ?
2. Can I negotiate with my previous employer (B) to initiate GC in EB1 category as i've already worked with their offshore country ?
3. Even if they file in EB2, can they really port my original priority date (Jan 12)?

My thinking was, anyways the PD for EB2 stands at Jun 2004 as of now.
It might take an year or two to get my PERM and I-140 approved with my employer (B).
Most likely the PD for EB2 may get current by the year 2016 and i'll have no wait to file I-485 and get EID and GC.

What are the risks i should anticipate and is it worth to switch job ?

Thanks in advance.

Thanks,
Neo

[Kanmani]

Questions:
1. Can my previous employer (B) do H1B transfer which is based on I-140 of my current employer (A) ?
YES. You can get a new H1B with employer B using the existing approved I-140 , as long as the I-140 is not revoked.
2. Can I negotiate with my previous employer (B) to initiate GC in EB1 category as i've already worked with their offshore country ?
No comments
3. Even if they file in EB2, can they really port my original priority date (Jan 12)?
Earliest Priority date is locked within the employment based categories. You can retain your PD

What are the risks i should anticipate and is it worth to switch job ?
I don't think restarting the GC is a risk. In a worst scenario like previous I-140 got revoked, perm again getting into audit, you can always renew your H1b with perm pending for 365 days rule.

[neoramalingam]

Questions:
1. Can my previous employer (B) do H1B transfer which is based on I-140 of my current employer (A) ?
YES. You can get a new H1B with employer B using the existing approved I-140 , as long as the I-140 is not revoked.
2. Can I negotiate with my previous employer (B) to initiate GC in EB1 category as i've already worked with their offshore country ?
No comments
3. Even if they file in EB2, can they really port my original priority date (Jan 12)?
Earliest Priority date is locked within the employment based categories. You can retain your PD

What are the risks i should anticipate and is it worth to switch job ?
I don't think restarting the GC is a risk. In a worst scenario like previous I-140 got revoked, perm again getting into audit, you can always renew your H1b with perm pending for 365 days rule.

---------

Thanks Kanmani.
One quick clarification though.
Are you saying if my I-140 is not revoked, i dont have to go through PERM again ?
I was assuming i need to go through PERM and I140 anyways with new employer and ONLY in I-485 stage, they can use my old PD - Is it not correct ?

Thanks in advance.

[neoramalingam]

Thanks Kanmani.

One quick clarification.

What are the risks i should anticipate and is it worth to switch job ?
I don't think restarting the GC is a risk. In a worst scenario like previous I-140 got revoked, perm again getting into audit, you can always renew your H1b with perm pending for 365 days rule.

Question:
Are you saying if my I-140 is not revoked, i dont have to go through PERM and I-140 with new employer ?
If so, what are the documents i should carry from my current employer (I have softcopy of I140 approval, Case number and PERM number)

Thanks in advance.

[Kanmani]

Thanks Kanmani.

One quick clarification.

What are the risks i should anticipate and is it worth to switch job ?
I don't think restarting the GC is a risk. In a worst scenario like previous I-140 got revoked, perm again getting into audit, you can always renew your H1b with perm pending for 365 days rule.

Question:
Are you saying if my I-140 is not revoked, i dont have to go through PERM and I-140 with new employer ?
If so, what are the documents i should carry from my current employer (I have softcopy of I140 approval, Case number and PERM number)

Thanks in advance.

Ramalingam,

I am afraid you misunderstood my point. I was answering to the risk part of your question. I-140 revocation by company A and second perm getting audited with company B are the major risks which can also be tackled if planned accordingly.

You must restart your GC from scrap with Company B i.e., from Perm ---->I-140 ------> I-485.

[srimurthy]

Questions:
2. Can I negotiate with my previous employer (B) to initiate GC in EB1 category as i've already worked with their offshore country ?
No comments


My understanding is if someone is filing in EB1, then it is a intra company transfer and the experience of offshore management should be the period immediately preceding the move to Company B in US. And then Company B can file for GC in EB1 as they are brining a manger from their org in a different Country to US. So this may not work in your case, just my thoughts.

Others please shred this.

[neoramalingam]

Kanmani - Thanks for the clarifications, appreciate your help.

Srimurthy,
I guess i wont fit the EB1 guidelines as described - thanks anyways.