Redo PERM and I140 after job change with AC21

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1

I have I140 approved from employer A with PD of Feb 2012 in EB2.
In 2021, I changed job to employer B, who then filed PERM and I140 and finally I485 when date is current in July 2022. I already have EAD and AP approved and I485 is still pending.

Now that EB2 dates retrogressed, i want to check the scenario if i change my job, using AC21, to employer C after 6months of filing i485.

  • Hoping i’d use my H1B to transfer to employer C, and when that H1B validity is expired, Would the new employer need to file PERM and I140 again to renew my H1B based off my approved I140?
  • Any risks though?
  • Do new employer usually file I485J even before starting the job with employer C to avoid any risks reg same or similar job requirements around AC21?
2

The new employer can simply file I-485J suppliment to take over your GC process, no need to restart PERM process.

None as far as I know.

They can file any time before the decision is made on your AOS, ideally as soon as you join.

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3

Thank you for the response.

However, I am interested to use H1B to transfer to employer C, so that I can remain in valid status even if i485 is denied or some unexpected risks come up.

In this case, when I transfer H1B to employer C, for continuing my H1B, does the new employer need to file new I140 via employer C to extend/renew my H1B ?., so that even if there is an unexpected outcome with I485 or i485j, I have a new I140 so that I can leverage H1B in this way

thanks;

4

No, you can use existing I-140 for all AC21 extensions.

5

You mean all H-1B renewals by “AC21 extensions”?

Is there a risk here if the i-48 85 gets denied, then I can be out of valid status ? - so I was thinking to have i-140 from new employer so that at least I have i-140, that I can use to extend or maintain my h-1b - is this possible?

If no, then the risk I see is if i485 gets denied from employer b, is there any possibility to maintain h-1b or other to maintain valid status and not need to leave us?

6

Extensions beyond 6 years of H1B term.

You can maintain H1B status if you are very risk averse. If I were you, I would just switch to GC EAD.

Your choice, but as I mentioned you can use approved I-140 from your ex-employer to do H1B extension with your new employer.

7

thanks so much.

So to maintain H1B status with employer C, what do i need to? (including H1B renewals)?
→ just transfer H1B to employer C, and then for extensions, keep using I140 from my previous employer (i.e employer B)?. Can you please confirm?

When would the I-140 from employer B becomes invalid? is it when I485 is denied? or never?.

if its never, its great. Otherwise, is it possible to file I140 via employer C? and would that require PERM and labor certification again via employer C?.

thanks so much

8

Yes.

AFAIK, AOS denial do not invalidate I-140 for AC21 extensions.

Consult an immigration lawyer in case of doubt.

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