Guestbook Entry for Harpreet S., United States
Name
Harpreet S.
Country
United States
State
VA
Search
Guestbook Entry for Rajesh Sonak, United States
Name
Rajesh Sonak
Country
United States
State
FL
Comment
I would like to take this opportunity to thank everyone involved at your law firm for taking a meticulous and methodical approach to do a good job. Your firm managed to do Labor Certification to I-485 approval in 25 months. No RFE at any of these crucial stages. Diane Lombardo, especially, is very knowledgeable and her quick responses to my innumerable queries were highly appreciated. I would also like to mention a terrific 'customer service' by Leila Lehman, Richa Narang and Nimia Arnibar. The discussions on your website are also extemely helpful. I would recommend your firm any day for my company's immigration needs. Keep up the good work, Rajesh
Changing employers after I-140 approval; impact on H-1, green card, H-4 EAD, etc.
Question details
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?
FAQ Transcript
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
Note: This is a verbatim transcript of the referenced audio/video media delivered as oral communication, and, therefore, may not conform to written grammatical or syntactical form.
I started my association with Rajiv's office way back when I had questions about my F-1 visa in 1997. Since then, Rajiv and his remarkable office staff have helped me first with my H-1B and then my EB-2 green card. While these cases were all very different and I had the chance to deal with many people at Rajiv's office, there was one thing that remained a constant: meticulous attention to detail and prompt, courteous help. Of course, with an attorney of Rajiv's stature, you will benefit from the best legal advice possible. If your case is even slightly complex, you will NEED this expertise. Unlike other big-name law firms, Rajiv's office has a certain cohesion and close-knit touch to it. This helps greatly whenever you have questions. You never get a runaround and always get timely help. I had the opportunity to work with Rajiv, SumanJi, Leila, Homa, Diane Lombardo and LakshmiJi during my various cases and they were all GREAT!! I would highly recommend Rajiv and his law office to others.