Planning to change my employer. Priority Date: Sept 2014 (EB2). H1: on my 5th Year (Filed for an extension it is currently in process). My plan is to change my employer once my extension is approved but I have the following questions. I am 100% sure my employer is going to withdraw my I-140. How is my H1 transfer going to work?
First of all the moment, your I-140 is approved no matter which category EB-1 or EB-2, the Priority Date is yours to keep that means if you got your green card filed in let's say 2017 and you left this employer after the I-140 approval, they revoked your I-140 and you started another green card in 2020 your Priority Date will be still 2017 because your I-140 was approved. So the moment the I-140 was approved the Priority Date becomes your property and it can be carried across categories, across employers, and across geographical areas. So if you go from a PERM filing in New York to an employer in California and your previous filing was EB-3 next filing is EB2 or even EB-1 you can carry the date of the work petition as long as the I-140 was approved. The moment the I-140 is approved, the Priority Date is yours.
There are limited exceptions unless the I-140 is revoked for fraud, etc., by the USCIS. Even if the employer revokes the I-140 you will keep your Priority Date. In addition to that, if the I-140 gets approved and stays approved for 180 days you will not only carry your Priority Date you will carry your right to extend your H-1 through any employer indefinitely. You will get a second benefit after 180 days and if the lawyer revokes the I-140 you will still get the benefit of both Priority Date and the right to extend your H-1 through any employer. The government has also said if you have an H-4 EAD for your spouse, your I-40 stayed approved for 180 days your wife's or your husband's H-4 EAD is safe even if the old employer revokes the I-140 later on as long as the I-140 stayed approved for 180 days. So if you left but the I-140 stayed approved for 180 days H-4 EAD is safe. That, in a nutshell, is the general law. More
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My GC process was started towards the end of 1999. After the Labor Cert. was approved, my I-140 was filed for. At this stage there was an RFE on my I-140. The case was complicated and at that point of time it seemed that there were very few chances of winning it. However, Mr. Rajiv Khanna presented the case with all the additional documents and evidences that were requested by INS, in a very systematic, efficient and intelligent manner. He was very persistent and determined to have the case resolved favorably. My I-140 was finally approved last week. During this difficult process, it was evident that Rajiv, Suman and the entire team were very dedicated towards their profession. They certainly are outstanding. They were always very courteous and prompt in answering all my questions and giving in apt advice pertaining to the case. I would definitely recommend Mr. Rajiv Khanna's Law Offices for any immigration-related issues. Pavan