H1B/GC question - not the usual one :)

Hi everyone,

Here's my story :

PD : Aug 2010 - probably wont be current for another 2 years. I140 has been clear for more than a year.
H1B - until July 2015 (I would've finished my six years in July 2012. Company filed for 3 yrs extension which I just received)

What i want to find out...
1) Retaining my current PD - Can I still switch jobs ?
I understand that the new job needs to be similar to the current one for me to keep my PD etc.

2) If I dont care about retaining my PD and am okay with starting afresh, then can I still apply for a job ? Are there any deadlines I need to kep in mind? For ex : someone mentioned that Labor should be clear 6 months before the expiry of H1B 6 yr deadline...in my case, will that refer to 2012 or 2015 ?

Why I ask?
1) I am under the impression that once the original 6 years of H1B are over, one cannot change jobs...regardless of the status of the GC application.
2) I am bored in my current job :)

Appreciate your help !

SUMMERLIN

Your PD is now locked. Nobody can take that away regardless what other job you get - and what other category you apply in (EB1 2 3 4 5 or FB1 2 3 4 5).

But if you change a job you must go through PERM and 140 again. Since you don't have a pending 485 for six months or more, you are not eligible for AC21 which would've allowed you to change job to a same or similar profession without filing new PERM and 140 and all that.

Good luck and hope this was useful.

p.s. - You can change your job anytime - but you need a new sponsor if you are on H1 OR you need a GC. If you are eligible for AC21 - you can change to a similar job without having the need to rely on new employer to file a GC for you.

Quote:

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Originally Posted by SUMMERLIN2010

Hi everyone,

Here's my story :

PD : Aug 2010 - probably wont be current for another 2 years. I140 has been clear for more than a year.
H1B - until July 2015 (I would've finished my six years in July 2012. Company filed for 3 yrs extension which I just received)

What i want to find out...
1) Retaining my current PD - Can I still switch jobs ?
I understand that the new job needs to be similar to the current one for me to keep my PD etc.

2) If I dont care about retaining my PD and am okay with starting afresh, then can I still apply for a job ? Are there any deadlines I need to kep in mind? For ex : someone mentioned that Labor should be clear 6 months before the expiry of H1B 6 yr deadline...in my case, will that refer to 2012 or 2015 ?

Why I ask?
1) I am under the impression that once the original 6 years of H1B are over, one cannot change jobs...regardless of the status of the GC application.
2) I am bored in my current job :)

Appreciate your help !

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Thanks so much Q. Here's my interpretation of your response :

1) If I go for a new external job NOW - I don't necessarily need to have similar job description then...so I can get a job in analytics even though I am in Sales right now...and I just need to ensure the new employer files for PERM/H1B. I would then have 2 PDs and the earlier one will prevail.

2) To not have to go thru new PERM/I-140, I would rather wait for the filing 485 etc. I understand this part.

Regards

Hi Q, would you be able to confirm/qualify my interpretation of your earlier response.

SUMMERLIN - your interpretation seems ok to me. That's why I didn't respond. Good luck pursuing what would make you happy!

Quote:

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Originally Posted by SUMMERLIN2010

Hi Q, would you be able to confirm/qualify my interpretation of your earlier response.

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Wow, thank you !