Job Change after I-140
I am in the 5th year of my H1. My current employer has filed for my PERM under EB-3 category since I did not have 5 years experience before (EB-3 has 6 years backlog though EB-2 queue for me is current). I want to know is it possible to wait for I-140 approval, get 3 year extension with current employer and then switch jobs? Will I be able to get 3 more years on H1 with future employer?
It is possible and common for employer B to get H-1 extension based upon an I-140 approval of employer A. You need to speak about the details with a lawyer.
My sincere thanks to Mr Rajiv Ji and Mr Kunal Ji. I got my I-140 denial decision reversed in 7 months. I have this issue since 2012. I-140 originally files in 2007 and since then its been under initial review and received RFE/NOID In 2012. We approached the same attorney who was handling my I-140 and that didnt go well and ultimately it was denied. We approached Rajiv along with my employer and were in discussion for 20/30 minutes and said winning this case is fairly possible. Even I-140 petition wasnt supplied by previous attorney. Rajiv and Khanna briefed their arguement with me and asked me if i have any concerns so that they can add those in their arguement and discussed cons and pros and finally draft been finalized and sent appeal(I-290 B) to the AAO office. Our arguement was purely based on Labor copy and in 7 months appeal sustained and initial decision has been reversed and they approved I-140. We are now waiting for the approval copy so that have to go further and repair few more things. I am happy to say that i am going with Rajiv office to correct other things as well. WIth huge relief -Satish