Immigration Voice - Forums - Legacy
Register Get Involved Contact Lawmakers Advocacy Discussion Image Image Image Image

Go Back   Immigration Voice > Non Immigrant Visas : H1, L1, H4, L2, F1 etc > Non-Immigrant Visas
Click to log in with Facebook
Non-Immigrant Visas All Non Immigrant Visas - B/H/F/J...

Reply
 
Thread Tools Display Modes
  #1  
Old 02-13-2011, 04:05 PM
alibashas alibashas is offline
Junior Member
Priority Date
:
Jan-09
Category
:
EB2
I140 Mailed Date
:
03/02/2010
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2011
Posts: 9
alibashas is on a distinguished road
Question Employer changes after I-140 approved

Dear Adviser,

I am end of my 6th year of H1B and my current employer filed H1B extension using my approved I-140 (and I don't have EAD). However my employer took the advantage of this situation and reduced my salary drastically. I am planning to change my employer after I receive my H1B extension. Now I have following questions

1. If I accept new job with new employer and transfer my H1B to new employer, by what time (months, years..) my new employer has to file PERM? Either my new employer has to file PERM immediately after I join? Or they can file before one year of expiry of transferred H1B (by assuming I will get 3 years extension using my approved I-140)?

2. What if my current employer cancels my I-140 when I moved to new employer? Still can I use that I-140 to port my priority date to new employer?

I can plan my future employment based on your response. Thank you very much for your time.
Bookmark and Share Compare Reply With Quote


  #2  
Old 02-13-2011, 04:19 PM
PHANI_TAVVALA PHANI_TAVVALA is offline
Senior Member
Priority Date
:
Dec-09
Category
:
EB2
I140 Mailed Date
:
06/28/2010
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Nov 2006
Posts: 106
PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future PHANI_TAVVALA has a brilliant future
Default

Quote:
Originally Posted by alibashas View Post
Dear Adviser,

I am end of my 6th year of H1B and my current employer filed H1B extension using my approved I-140 (and I don't have EAD). However my employer took the advantage of this situation and reduced my salary drastically. I am planning to change my employer after I receive my H1B extension. Now I have following questions

1. If I accept new job with new employer and transfer my H1B to new employer, by what time (months, years..) my new employer has to file PERM? Either my new employer has to file PERM immediately after I join? Or they can file before one year of expiry of transferred H1B (by assuming I will get 3 years extension using my approved I-140)?

Your new employer can start PERM even before joining them. Sooner the better. You will get a 3-year extension with the current I-140 and when you join new employer you will get a 3-year extension as long as your employer doesnot revoke I-140 or your I-140 has been approved more than 6-months back.

I can plan my future employment based on your response. Thank you very much for your time.
2. What if my current employer cancels my I-140 when I moved to new employer? Still can I use that I-140 to port my priority date to new employer?
If your I-140 has been approved more than 6-months back then your employer cancelling your I-140 does not have affect in capturing your priority date though it can affect your H1B approval with new employer. Your best strategy would be to ask your new employer to apply for H1B based on current I-140, while you keep working with your current employer. Also ask them to simultaneously start working on PERM. Once you get H1B approval (not just receipt) you can quit your current employer.
Bookmark and Share Compare Reply With Quote


  #3  
Old 02-13-2011, 04:47 PM
floridasun floridasun is offline
Senior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Dec 2010
Posts: 131
floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute
Default

Quote:
Originally Posted by alibashas View Post
Dear Adviser,

I am end of my 6th year of H1B and my current employer filed H1B extension using my approved I-140 (and I don't have EAD). However my employer took the advantage of this situation and reduced my salary drastically. I am planning to change my employer after I receive my H1B extension. Now I have following questions

1. If I accept new job with new employer and transfer my H1B to new employer, by what time (months, years..) my new employer has to file PERM? Either my new employer has to file PERM immediately after I join? Or they can file before one year of expiry of transferred H1B (by assuming I will get 3 years extension using my approved I-140)?

2. What if my current employer cancels my I-140 when I moved to new employer? Still can I use that I-140 to port my priority date to new employer?

I can plan my future employment based on your response. Thank you very much for your time.
This scenario/problem seems to be the most sought after by lot of ppl. I myself posted a similar question in this forum - answers were mostly positive but still not affirmative. I researched quite a bit on the internet and most of the replies fall into one of the following -
A. you can change. If you have a copy of approved I-140, you can use it to get 3 year extensions with the new employer. Just make sure you quit current company after getting H1B approval for the new company. If you quit before getting H1B approval and just based on the receipt, you are taking the risk of old company revoking I-140. Again, some ppl say old company cannot revoke it etc.
B. you just cannot change and are unfortunaltely stuck with current compnay until you apply for I-485 and its pending for more than 180 days or something like that.

believe me this is most commonly asked question and surprisingly I have not seen any clear and dependable answer - may be the Law is not clear on this.
Bookmark and Share Compare Reply With Quote


  #4  
Old 02-13-2011, 05:30 PM
alibashas alibashas is offline
Junior Member
Priority Date
:
Jan-09
Category
:
EB2
I140 Mailed Date
:
03/02/2010
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
Compare
Join Date: Jan 2011
Posts: 9
alibashas is on a distinguished road
Default

Dear Phani & Florida, thanks for very quick replies.
My new employer is ready for transfer H1B, however they said they can start PERM after one year of my employment with them as per their company policy.
Is it ok to wait one year? Is there any time limit from USCIS, that new employer has to file PERM within certain period?
Bookmark and Share Compare Reply With Quote


  #5  
Old 02-13-2011, 06:11 PM
harrydr harrydr is offline
Senior Member
Priority Date
:
May-08
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-140
I485 Mailed Date
:
12/31/2011
Compare
Join Date: Mar 2009
Posts: 159
Blog Entries: 1
harrydr is a jewel in the rough harrydr is a jewel in the rough harrydr is a jewel in the rough harrydr is a jewel in the rough
Default Get a copy of approved I-140

Dear Friend,
I can understand the situation yourr are in and here's my take on it. My company has similar policy of filing for PERm only after your first year performance evaluation. Now in the case you were to join the new company/employer after getting your H1-B approved with the new employer, there is still time for your old employer to revoke your I-140 as your new PERM will not be filled until after the first year.

In the above casse before quitting try to get a copy of the approved I-140 from your current employer and i can already tell you it's going to be a pain in the a** as they will unwilling and very un-cooperative in giving you a copy of this I-140. The excuse will be that the I-140 is employers document and it contains criticl company data and hence, cannot be given to the employee.

If you are successful in getting a copy of the approved i-140 from your current employer then the new process of filing for new I-140 after filling for the perm with the new employer and porting the date should be easy as you already have a copy of your approved I-140 from your previous employer. All you have to do is attach this copy to the new I-140 filling and you should be able to port your PD without any further questions/issues.

Now in the case your employer denies giving you a copy of approved I-140 (which is very likely the case) there is still hope to get a copy of your own using the FOIA. The link for this is shown below:

http://en.wikipedia.org/wiki/Freedom...(United_States)

Read it, understand it and fill the form and send it out asap. The reason i'm giving your the above information is because i went through the same process of getting my approved I-140 and i got it within a maximum time of 3 months from the dday i filled my request with the USCIS.

Hope the helps. Good luck to all of us in our never ending endaveour.
Bookmark and Share Compare Reply With Quote


  #6  
Old 02-13-2011, 06:20 PM
floridasun floridasun is offline
Senior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Dec 2010
Posts: 131
floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute
Default

pardon my language but I hate these mean a$$h0le (mostly desi) employers who do not give a copy of approved I-140 to their employees. Like the previous poster suggested, it would be best to move to new company only after proper checks and balances in place - get a copy of I-140, get H1b approval by premium processing. Best wishes and good luck to you. BTW dont share ur plans for employer change with anybody in your current company !
Bookmark and Share Compare Reply With Quote


  #7  
Old 02-13-2011, 06:31 PM
SGP SGP is offline
Senior Member
Priority Date
:
Nov-02
Category
:
EB3
I140 Mailed Date
:
07/25/2007
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
02/06/2013
Compare
Join Date: May 2010
Posts: 824
SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute SGP has a reputation beyond repute
Default

Quote:
Originally Posted by alibashas View Post
dear adviser,

i am end of my 6th year of h1b and my current employer filed h1b extension using my approved i-140 (and i don't have ead). However my employer took the advantage of this situation and reduced my salary drastically. I am planning to change my employer after i receive my h1b extension. Now i have following questions

1. If i accept new job with new employer and transfer my h1b to new employer, by what time (months, years..) my new employer has to file perm? Either my new employer has to file perm immediately after i join? Or they can file before one year of expiry of transferred h1b (by assuming i will get 3 years extension using my approved i-140)? - start h1b transfer process with new company immediately. Do not go in for premium processing. I have heard that from my attorneys, that there is a chance of getting rfes and a big laundry list which is sometimes very tedious and cumbersome process for your new employer. I will suggest continue with current company without any one having a whiff of what you are trying/planning to do. Also ask your new employer to file for perm as soon as possible.

2. What if my current employer cancels my i-140 when i moved to new employer? Still can i use that i-140 to port my priority date to new employer? - your approved i-140 is safe. You can port your priority date at the time when you are applying for your I-140 with new employer. Please make sure that you have a copy of approved I-140 from your current employer. Even if current employer files for revoking it with the uscis. The uscis has the authority to cancel it only if it is proven to them that the i-140 was fraudulently applied.

i can plan my future employment based on your response. Thank you very much for your time.
- good luck
__________________
GREENED ON APRIL 16, '13
Priority Date:Nov 08, '02
Category:EB3 (India)
I140 Receipt Date:Jul 26, '07
I140 Approved Date:Apr 8, '08
2nd I140 Receipt Date:Jul 22, '11
I140 RFE Date:Mar 6, '12
I140 Approved Date:May 23, '12
I-485 Mailed Date:Feb 6, '13 Finally
I-485 Receipt Date:Feb 7, '13
I-485 Notice Date:Feb 12, '13
EAD & Advance Parole Approval:Mar 2, '13
EAD & Advance Parole Combo Card Recd Date:Mar 8, '13 (valid for 1 year)
Finger Print Notice date:Mar 29, '13

Last edited by SGP; 02-13-2011 at 06:35 PM.
Bookmark and Share Compare Reply With Quote


  #8  
Old 02-13-2011, 08:43 PM
Wehallovercome2006 Wehallovercome2006 is offline
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Feb 2011
Posts: 9
Wehallovercome2006 has a reputation beyond repute Wehallovercome2006 has a reputation beyond repute Wehallovercome2006 has a reputation beyond repute Wehallovercome2006 has a reputation beyond repute Wehallovercome2006 has a reputation beyond repute Wehallovercome2006 has a reputation beyond repute Wehallovercome2006 has a reputation beyond repute Wehallovercome2006 has a reputation beyond repute Wehallovercome2006 has a reputation beyond repute Wehallovercome2006 has a reputation beyond repute Wehallovercome2006 has a reputation beyond repute
Default

Please see in-line comment
Quote:
Originally Posted by alibashas View Post

2. What if my current employer cancels my I-140 when I moved to new employer? Still can I use that I-140 to port my priority date to new employer? As long as you would stick to your company for 6 month after I-140, you can port it. If you would leave company before that, your company can revoke your I-140 and you will not be able to port your case. Please note there are cases where an individual has left company after 6 month and company revoked their I-140, still USCIS did not recapture their PD. In this case you or your lawyer should be ready to contest your case based on Yates Memo. I just thought you should be informed about each scenario.
Bookmark and Share Compare Reply With Quote


  #9  
Old 02-14-2011, 11:22 AM
HRPRO HRPRO is offline
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 114
HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute
Default

You are entering a grey area by leaving your current employer prior to treading safer waters. Your current employer as you stated is taking advantage of the situation. No doubt he is doing that because he knows, he can. Now the questions is how much of risk are you willing to take.

As stated earlier in the discussion, I would atleast have my H-1 transfer petition filed and approved prior to leaving the current employer and that too provided you have a copy of the approval notice. As I know, many employers dont share that document.

Either way best of luck with your GC Process.
Bookmark and Share Compare Reply With Quote


  #10  
Old 02-14-2011, 02:41 PM
floridasun floridasun is offline
Senior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: Dec 2010
Posts: 131
floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute floridasun has a reputation beyond repute
Default

alibhashas - so are you switching or staying put with your
Current company ? Reason I ask is I am in a similar situation and am
Stuck at this same decision point !!
Bookmark and Share Compare Reply With Quote


  #11  
Old 02-14-2011, 04:51 PM
PrinceVA PrinceVA is offline
Member
Priority Date
:
Jun-07
Category
:
EB2
I140 Mailed Date
:
Chargeability
:
India
Processing Stage
:
I-485
I485 Mailed Date
:
Compare
Join Date: Dec 2010
Posts: 94
PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute PrinceVA has a reputation beyond repute
Default

Quote:
Originally Posted by floridasun View Post
pardon my language but I hate these mean a$$h0le (mostly desi) employers who do not give a copy of approved I-140 to their employees. Like the previous poster suggested, it would be best to move to new company only after proper checks and balances in place - get a copy of I-140, get H1b approval by premium processing. Best wishes and good luck to you. BTW dont share ur plans for employer change with anybody in your current company !
Nothing to Pardon here. You are still very very decent in your language compared to what I think about my employer(but here I will say he is an evil ). This happens to all of us. Every quarter they change the policy and none of it increases the amount in your pay cheque. My employer gives me BS about insurance increase saying, company had not earned much in last year and insurance company suffered a lot due to couple of employees had kids... well yeah, so did you give me a bonus when company was doing good and you guys were enjoying, then why now ? You talk about salary increase and they say you can leave the company, at the stage when you have your 140 approved and you are in your 5th / 6th year.
Mine is another desi employer based in Texas and they have policies that I object. I dont care whether they win or loose.
Bookmark and Share Compare Reply With Quote


0 out of 1 members found this post helpful.
  #12  
Old 02-14-2011, 05:23 PM
HRPRO HRPRO is offline
Senior Member
Priority Date
:
N/A
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
N/A
I485 Mailed Date
:
Compare
Join Date: Jul 2007
Posts: 114
HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute HRPRO has a reputation beyond repute
Default

Quote:
Originally Posted by PrinceVA View Post
Nothing to Pardon here. You are still very very decent in your language compared to what I think about my employer(but here I will say he is an evil ). This happens to all of us. Every quarter they change the policy and none of it increases the amount in your pay cheque. My employer gives me BS about insurance increase saying, company had not earned much in last year and insurance company suffered a lot due to couple of employees had kids... well yeah, so did you give me a bonus when company was doing good and you guys were enjoying, then why now ? You talk about salary increase and they say you can leave the company, at the stage when you have your 140 approved and you are in your 5th / 6th year.
Mine is another desi employer based in Texas and they have policies that I object. I dont care whether they win or loose.
Prince,

I agree with you but not completely. I am still waiting for my approval and used to work for a Desi Firm too. Are we being treated poorly? Absolutely, we are, I couldnt agree more. I now work for a Non Desi employers. The treatment I get is almost similar.Our expectations from the Desi Employers are more as we look to them to relate with us better, which is why we complain about them more.

Moreover why blame them when we dont have to be employed by them. if we dont like it, we can definitely go elsewhere, no one is stopping us. Atleast they are the only ones who are ready to even support us. They may not have policies and procedures like the Fortune 500 but are the Fortune 500 willing to employ us, atleast not all of us. We do need this instrument (desi employers) to get ashore, if not all of us at least some of us.

So lets not be too harsh on them.

Last edited by HRPRO; 02-14-2011 at 05:37 PM.
Bookmark and Share Compare Reply With Quote


  #13  
Old 05-07-2012, 10:36 PM
PlsAns123 PlsAns123 is offline
Junior Member
Priority Date
:
Category
:
N/A
I140 Mailed Date
:
Chargeability
:
Processing Stage
:
I485 Mailed Date
:
Compare
Join Date: May 2012
Posts: 1
PlsAns123 is on a distinguished road
Default EB2 :PD Jun2010 :: Change Of Employer

I read lot of posts regarding regarding this topic but did not get any conclusion as I have one more complexity to that...any suggestions will be helpful.

I am on
6th year of H1
EB2 I-140 Approved more than 6 months back..
Got H1 extension till 2014
PD June2010 just missed

I may need to go to India in this year...If I go I need to go for VISA stamping.

I am on contracting.. 1 layer b/w my employer and client..
I can get client letters from both..
Will the VISA stamping be a problem in my situation??

Would it be better to change employer and go for Full-time position..so that stamping will be easy?

If I plan to change Employer:
1. I need to get I-140 Approval ..which will be tough..
2. Luckily if I get I-140 copy....I will get H1 Extension with new employer..
3. After I join new employer , they will start GC Labor Process
4.*****At this moment If I need to go to India for stamping*****
(a) I will have I-797 petition with new employer name
(b) I-140 from old Employer Name
Will it be conflicting? Will there be any problem with the VISA stamping in this situation??

Is it worth changing the employer and go for Full-time Job?

Please suggest me if you know anybody in this situation and took risk..and got stamping successfully..
Let me know if you need any info to better suggest me.
Bookmark and Share Compare Reply With Quote


Reply

Bookmarks


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
How to tell whether approved 140 withdrawn by employer GC2010_NJ Immigrant Visa 102 04-09-2011 09:27 AM
What if the employer withdraws approved I140 after I move to new employer using AC21? aug2007 Immigrant Visa 6 02-24-2010 01:27 PM
I-140 Approved according to employer delta3110 Priority dates transfers and Post 140-approval options 8 04-19-2009 12:43 PM
I-140 is approved, can I change employer Shanthan Immigrant Visa 4 04-16-2009 05:53 PM
Situation H1B Extension I-140 Approved USCIS Ban on Employer Transfer to new Employer salarjung Non-Immigrant Visas 3 09-30-2008 10:37 PM



All times are GMT -4. The time now is 08:32 PM.


Powered by vBulletin® Version 3.7.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
Content Relevant URLs by vBSEO 3.3.0 (Unregistered)
(c)ImmigrationVoice.org