I have been on H1B for almost 5 years and I recently got my PERM approved. My employer will file for I-140 soon. My question is related to priority dates. I saw one of your videos where you explained that the priority date practically belongs to the employee. So does that mean when an employee gets I-140 approval then the employee can change employer at any time and keep the same priority date for the next filing with the new employer?
What happens if an employee leaves or gets laid off after a month of getting i140 approval and the old employer decides to withdraw/revoke the application? In this case, can the new employer use the same priority date or get the new one for the employee? If a new employer gets the new one then what happens when an employee's 6 yr H1B term has finished before new i140 approval comes, does he/she get extension on H1B based on new application?
As per the regulations dated 17, January 2017 the moment your I-140 is approved the priority date is your property not the employers. Therefore even if the I-140 is revoked the same day and if it was approved, that priority date is yours to keep. You can take it across to any employer. If you go to another employer and if yours is a labor cert based case being filed you have to redo the PERM and the I-140 but you will carry the old priority date which is a big advantage.
In addition to your priority date, if the I-140 remains approved for 180 days, you can continue to extend your H-1B with any employer after six years. They cannot take that right away even if they revoke your I-140.
Given the current situation with tech layoffs, I wanted to understand the options available for people in my situation.
I’m currently working in the US on H-1B and my GC application (I-485) with PD July 2014 and 485 is in “Case remains pending”.
I have 485 EAD approved till 2024 and Advanced Parole is still pending.
Now if someone switches to EAD and their date becomes current before they can find a job. What are their options?
Also, do we have any info on what the status “Case Remains Pending” means?
1. Switching to EAD is very easy. There is no formal process for it. All you have to do is when you want to convert from H-1B or if you have been laid off present your EAD as documentation of your authorization to work.
2. Travel back into the United States with an H-1B visa and that of course comes after you get an approval from the USCIS.
3. In a case like this you should get your approval. Make sure you get the next job in the same or similar field. Keep some documentation that shows they are in the same or similar field.
I had an accident and am on disability while my green card adjustment of status application ( form I-485 ) has been pending for over 4 years. My I-140 had been approved about 5 years back but my case has been caught up in the visa backlogs at USCIS and Department of State. I wanted to know if there was any provision for help in the immigration laws, in case I am sent for long term disability or my employment is terminated before I receive my green card. I learnt that employment and disability are subjects to be discussed with a benefits or employment attorney. The only immigration benefits are via AC 21 or via a private bill. Also, that one should not loose the advance parole anytime while the AOS is pending. I want to thank Mr. Rajiv Khanna for his generosity with time and expert guidance. Over the phone I found him to have a very pleasant personality. he had me feel comfortable and didnt seem money minded at all.