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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95498
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I am an Indian citizen with an approved 1-140 with company

Resolved Question:

I am an Indian citizen with an approved 1-140 with company A and 180 days have passed since I got it approved (EB3). My current H1B is valid for another 2.5 years. If I now join company B, work with them for few years (without them having file for a fresh Labor and 1-140) and get another 3 year H1B extension based on 140 from employer A. Can I now switch to employer C? The basic purpose of asking this question is I want to know if I can keep on switching companies based on 140 approval from company A, till the time current date is close to my PD and then ask my future employer to file labor, 140 etc? What is my risk in trying to do this?
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Hello. Thank you for using our service. All I ask is that before you sign off, you rate me positively. If you are inclined to use the "poor service" or "bad service" options, please ask follow-up questions first and give me a chance. Sometimes the law doesn't have a good solution, but I will try hard to find it if it is available.


Well, you have it a little bit confused. It isn't when your I-140 has been pending for 180 days or more that you can switch employers. It's when your I-485 has been pending for longer than 180 days that you can switch employers to the same or similar job and not have to file a new Labor Certification and new I-140. Since I assume you cannot file the I-485, any new employer, IF you want to get a green card from them, would have to file a new Labor Certification and I-140. That's the bad news. The good news is that you do not lose your place in line. You get to keep the original Priority Date from your first I-140 even if your original employer withdraws it. Of course, if your original employer does not withdraw it and your PD becomes current, you can always file an I-485 at that time and when approved go work for that original employer for at least 6 months. If you don't want to work for that employer, then any new employer would have to file a new LC and I-140 for you to get a green card through them. But like I said, you generally would keep your original PD.

Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. If you do rate me positively, a bonus is always appreciated. If you would like to request me in the future, just go to http://www.justanswer.com/law/expert-guillermosenmartin/. Thank you!

Customer: replied 1 year ago.


So basically what you are saying is that if I jump from my current company to company B, I absolutely will have to stay with company B till the time I get an approved 140 from company B ( and use the PD from company A's 140).


 


Is that correct?

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
To go from Company A to Company B, Company B would have to file an H-1B for you BEFORE you leave Company A. If you want to go to Company C, they would also have to file an H-1B transfer for you as well. Now if Company B or Company C either or both want to file an LC and I-140 for you, you can still use the PD from Company A. Please let me know if you have additional questions and please do not forget to rate my service to you (not the state of the law) as that is the only way that I can get credit for my assistance. Even after you rate the service, I can still answer additional questions for you without additional charge. And don't forget that bonuses are always appreciated! Thank you.
Customer: replied 1 year ago.


Thank You. Your answers are very satisfactory. But my basic question was about risk. If I join company B and witihin few days I realize I really don't like working there OR i get laid off. Can I switch to company C (get my h1b transferred) without any impact? What if the same situation happens in Company C? How long can I keep doing this with an approved 140 from company A? What is my risk? This would be my absolute last question. Thanks again.

Expert:  Guillermo J. Senmartin, Esq. replied 1 year ago.
Never say last question. You can always have more depending on my response and that is ok.

Anyway, yes you can go to Company C, but ONLY if you file a 3rd H-1B transfer before you leave Company B. Also, your H-1B transfer for Company B must be approved in order to bridge from Company A to Company C.

Apart from that, honestly, this hopping around is not good. Keep in mind that the economy is bad in the U.S. right now. Unemployment is high and there are many U.S. workers looking for jobs and few jobs available. USCIS would love nothing more than to get you out of your status and send you home to free up a job for a U.S. worker. So be careful.

Please do not forget to rate me positively. Since I am not paid a salary, it is the only way that I get paid. You are not charged again and I will not abandon you after you rate me positively if you have additional questions. Thank you.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 95498
Experience: 10+ years of experience in various aspects of U.S. Immigration Law.
Guillermo J. Senmartin, Esq. and 4 other Immigration Law Specialists are ready to help you

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