Job change with I-140 approval.

[flexan]

Hello Gurus,

I appreciate your time and response on this situation. Here is my background. I'm on my 6th Year of H1-B (Expires 09/2015). I have a I-140 approved with PD 04/2011 and here are my questions -

1. Based on the I-140 approval with my current Company A, if I change my job would it be possible to get a 3 year H1-B extension with the new Company B?

2. When the new company B starts the GC proccess, would there any restrictions in retaining my earlier PD? (other than filing in the same EB2 category)

Thanks

[Spectator]

flexan,

My thoughts inline.

Hello Gurus,

I appreciate your time and response on this situation. Here is my background. I'm on my 6th Year of H1-B (Expires 09/2015). I have a I-140 approved with PD 04/2011 and here are my questions -

1. Based on the I-140 approval with my current Company A, if I change my job would it be possible to get a 3 year H1-B extension with the new Company B?

Yes, assuming the I-140 approval is not withdrawn prior to approval of the new H1B approval. Up to 3 years would be available depending on the evidence submitted. You can continue to use the approved I-140 for extensions, provided it is not withdrawn by the Employer or revoked by USCIS.

2. When the new company B starts the GC process, would there any restrictions in retaining my earlier PD? (other than filing in the same EB2 category)

You would retain your PD for any subsequent case filed under EB1-EB3.

8 CFR 204.5(e):

Retention of section 203(b)(1), (2), or (3) priority date.

A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.

[Note: Reference to 203(b)(1), (2), or (3) means employment based first, second, and third preference classifications, respectively.]

Thanks

[flexan]

Thanks a lot Spec for your timely response!