Regarding H1B with new employer based on earlier approved I140 if the PD has already become current


Here is my case:

  • I am currently working on H1B with a new employer based on my approved I140 from my last employer.

  • My PD date for EB2 category is June 2015

  • My current employer will not file for my GC, I will have an opportunity in next 6 months to work with a new employer who is ready to file my GC.

My question:

If my PD becomes current in next 6 months, here are my questions:

  • Can a new employer still file for my H1 transfer based on my earlier approved I140 but has gone past the current date?

  • If not, what are my options? Requesting you to suggest me all possible options.

Yes, in such situation you will need to prove inability to file for AOS beyond your control and H1B extension may be granted for 1 year.

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Thanks Kalpesh.

In that case, let’s say I am able to prove my inability to file for AOS and I do get my H1 transferred to a new employer post my PD becomes current.

Can the new employer file for my GC using the same PD? I am a little confused about this scenario as my PD would have gone past the current date. What is the next course of action from GC point of view.

The new employer would need to do their own PERM + i140 process before they can file your i485.

Perm itself may take about 13-14 months and then if your date is still current at that time, they will be able to file both i140 and i485 together.

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Well, in such scenarios, I would suggest we should opt for the premium processing by paying extra amount, so that PERM and I140 are done within a span of 2 months and immediately file his I485, get his EAD. all these will help him to get out of the H1 scenario .