Guestbook Entry for Ash, United States
Name
Ash
Country
United States
State
NY
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Guestbook Entry for Sudhir M , United States
Name
Sudhir M
Country
United States
State
Michigan
Comment
We applied in late September; and my case for permanent resident status was approved last week. Mathew Chacko and Heather Crumb took care of all the paperwork and the process and were both extremely helpful, prompt and did a wonderful job. Couldnt have asked for a better service!
Guestbook Entry for Anm Khairul Kabir , United States
Name
Anm Khairul Kabir
Country
United States
State
IOWA
Comment
I got my 485 approved and our GC on the way. Rajiv Khanna's office was very helpful, and their guidance was always truthful and result oriented. On behalf of my wife and daughter, I am expressing my gratitude to Rajiv Khanna's team and specially all who works on my case like Mr Khanna, Mathew, Kumuda, Vani, Aruna, Heather, Subha, Raksha, Govinda. Thank you all. I must say when come to “Apply for Immigration” difference is “Immigration.com”.
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 got my 485 approved after filing WOM. Rajiv Khanna's office was very helpful, and their guidance in the whole case was always truthful and honest. Rajiv and Jitesh advised me in this case and filed WOM in DC Circuit Court.All filings related to this case were done on time, the arguments in the case were solid, and name check was cleared within a month of filing WOM.