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Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29023
Experience:  34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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Question from my friend.

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Question from my friend.
Question 1:
I am in my 5th year of my H1b (allotted in batches of 3 years) and I have an I140 approved. If I change my employer at the end of 5th year (when I have one more year of H1 left and an approved I140) , then for how many years will I get the new approved H1 ? Will it be for a year or 3 years (as I have an I140 approved) ?Question 2:
Do I need to stay in the same company which has filled my I140 and got it approved for 6 months before I can make a job switch or I can make a job switch as soon as my I140 is approved ?Question 3:
Company A files and gets me an I140 approval. I join company B. For some reason the company B decides to not file my PERM/I140 , in that case can I again switch company to another company C with the I140 which was approved from company A (First company) ?

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

You will get a 3 year extension with the approved I-140. If A revokes the I-140 your new employer will need to file a new PERM/I-140. You get to retain the old priority date.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.


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Customer: replied 28 days ago.
Thanks for the response Judith.Could you please respond to #2,#3 as well.

#2 under the new las

"(C) In employment-based preference cases, upon written notice of withdrawal filed by the petitioner to any officer of USCIS who is authorized to grant or deny petitions, where the withdrawal is filed less than 180 days after approval of the employment-based preference petition, unless an associated adjustment of status application has been pending for 180 days or more. A petition that is withdrawn 180 days or more after its approval, or 180 days or more after the associated adjustment of status application has been filed, remains approved unless its approval is revoked on other grounds. If an employment-based petition on behalf of an alien is withdrawn, the job offer of the petitioning employer is rescinded and the alien must obtain a new employment-based preference petition in order to seek adjustment of status or issuance of an immigrant visa as an employment-based immigrant, unless eligible for adjustment of status under section 204(j) of the Act and in accordance with 8 CFR 245.25."

  • Allow high-skilled workers with an approved I-140 for 180+ days to retain their priority date, even if the I-140 is subsequently withdrawn by their sponsoring employer or the business is terminated
  • Permit high-skilled workers with an approved I-140 and an adjustment of status application pending for 180+ days to port to another employer, provided the position is in the same or a similar occupation

The January regs do not do anything but allow you to retain your priority date for a newly filed PERM/140 if the old petition was approved for 180+ days.

The new regulations do not allow you to port the I-140, only the priority date unless the I-485 has been filed and pending for 180 days.