Please check the attachment to determine "Recent Employment Preference Cut-Off Dates".
Mr. Khanna's law firm has done a great job helping me, and my company, with many visa and greencard applications.
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
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.
After leaving previous employer, and got the position with new employer. I was looking for good lawyer or firm, I talked and met with many top immigration lawyer firm, no one convinced me. When I talked to Rajiv S. Khanna, I was convinced because I could feel the truth inside him, and the knowledge he has. He and his great team took my case, prepared, and filed successfully. Mathew, Mark,William, and Rajiv were really helpfull. There is true diversity in Rajiv S. Khanna law firm. They all work like a fmily. Mark was really helpfull during whole process from AC21 to getting the GC, include filing AP, and EAD. He always promptly response, alwasys keep posted, and file all documents timely. Any legal question Mathew promptly respond, and resolved. I love them. I would highly recommend Rajiv S. Khanna Law firm because of their dedication to each of the case and experties in immigration matters. Thank you!! Rasheed