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Judith
Judith, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 28205
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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I am a H1b worker with an approved labor and I-140. The

Customer Question

I am a H1b worker with an approved labor and I-140. The priority date for my 140 is March 2012 under the EB2 category. Due to me being from Indian, my date is not current and I am not able to file my 485 yet. I have used up my 6 years of my H1 time ans am in about my 8th year which is possible due to the approved 140.
My question is relating to a change of employment. At this stage in the GC process, what are my options?
Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Judith replied 1 year ago.

Hello my name is ***** ***** I am delighted to answer your questions today. I have 35 years experience as an immigration lawyer.

As long as the employer who has the approved I-140 petition does not withdraw the petition you can use that approved I-140 to do a change of employer with extension. The approved I-140 can be from any employer to qualify for extension beyond the 6th year as long as it is not withdrawn then revoked by USCIS.

I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

Customer: replied 1 year ago.
I will take you up on the offer to ask a follow up question. Why would my current employer (who has the approved 140) not withdraw it, are they not required to withdraw once my employment has been terminated? Will this have any impact on my 485 if my 140 was from another employer?
Expert:  Judith replied 1 year ago.

The employer is not required to withdraw the I-140 because the petition is prospective in nature for when your priority date becomes current. So in theory you could leave them, gain valuable experience with another employer and when your PD is current come back to them with additional skills to use on the job for them!

Some employer are kind and leave them be and don't withdraw since it is not required. A thank you for all those years of service.

If they leave it in place and another employer petitions you you can use the old priority date of the first petition and it has no impact on your 485 with the second petitioner. It is done all the time.

I see this is the first time you are using JA and I am eager to make this a positive experience for you. Please ask follow-up questions if my answer is not clear.
Of course, I am sure you understand your positive rating is very important to me as we are not on salary and that is how we receive compensation, you choosing a smiley face, but more importantly, I want you to come back to the site for all your answers from over a 100 categories of experts!
In the future, you may begin your questions with “FOR JUDITH” and I will be your personal immigration expert.

Judith

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