Tuesday, May 17, 2022

Immigration: EB I-140 based H1 extensions

Question: I have an approved I-140 by employer-A. I want to switch my job. When can I safely switch.?

 If H1-B premium processing is available, you can switch even when you have less than 6 months available. Say, you are switching job to employer-B, and you just have less than 1 year left on your H1b. When employeer-B applies for your H1-b you can get full 3 year extension unless the petition is filed by an employer who is not a direct client.

Question: I have an approved I-140. I am getting promoted? will this impact my I-140

Your H1B extension on your approved I-140 should have no impact. Most of your roles remain the same. Ensure you provide most of your job duties from your previous H1B/H1B extension and add new additional roles.

Now for your I-140, as per my attorney, a promotion to a more senior position shouldn't be an issue if your 50% of job duties remain the same 
An increase in salary is not an issue but it must not be less than the salary provided in your Perm and Perm wage determination certificate
A relocation to a different state or city far away from the region of your SOS in perm can have an impact on your I-140


Promotion to the Manager role will have a 100% impact on your I-485 but not on your H1-B. If your priority date is closer and you want to use your existing I-140 for filing I-485, then I would refrain from such a promotion. Believe me, you will not be alone. Many including me have done such sacrifices for securing GC. It's a question of whether you want a GC or a promotion that impacts I-140 and how far are you from the filing date.

But if your priority date is further than 1 year then you can restart your perm process from scratch as a manager and you will get your old priority date. It's from scratch, so it will take a good one year. 


Question: I have an approved I-140 by employer-A. I am currently working for employer-B who hasn’t processed by perm. Can I switch my job to employer-C?

Yes, you can switch job to employer-c based on approved I -140 of employer-A

Information: I-140 based H-1B Extension that is granted beyond  Six Years will not be granted if Priority Date is Current and Green Card is Not Applied for Within One Year

http://blog.cyrusmehta.com/2022/05/h-1b-extension-beyond-six-years-will-not-be-granted-if-priority-date-is-current-and-green-card-is-not-applied-for-within-one-year.html

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