Can I Change Company After I140 Approval

The American Competitiveness in the Xx-First Century Act, commonly referred to every bit AC-21, provided improved flexibility for strange national workers changing jobs. For those who have obtained an approved I-140 petition through employer-sponsorship, job changes can nonetheless exist achieved even if an I-485 awarding has not withal been filed due to lack of available immigrant visas or dark-green cards based on the employee's country of nativity, priority date, and preference category.

Once an I-140 petition is approved, the employee beneficiary'south priority date is locked in. The priority engagement is the date the PERM labor certification is filed, or for schedule A workers, the date the I-140 petition is filed. This priority appointment determines where the employee stands in line for their dark-green card. An employee beneficiary of an approved I-140 petition tin retain this priority date for any subsequent filing in the issue he or she changes employers after blessing of the I-140 petition. Where no I-485 application has been filed, priority appointment retention occurs when the new employer files a new PERM labor certification on behalf of the employee and requests that the previous priority date be honored at the fourth dimension of filing a new I-140 petition. The priority date may exist retained even when the prior employer withdraws the I-140, or the prior employer goes out of business organization. This is truthful fifty-fifty if the I-140 has been approved for less than 180 days.

Because no I-485 application has been filed, at that place is no requirement that the new employer's job offer be like to the job that the employee was previously sponsored for. That requirement only takes effect when an employee has filed an I-485 awarding and seeks to utilise the green card portability provision of Air conditioning-21 to motility the light-green card process to the new employer after 180 days.

Because no I-485 application has been filed, an H-1B transfer petition must exist filed by the new employer in order for the employee to brainstorm piece of work. This is where the 180-24-hour interval window later on I-140 blessing can become of import. If the H-1B transfer petition seeks to extend the employee's H-1B status beyond the six-yr limit, the I-140 approval must not exist withdrawn, or if information technology has been withdrawn, the withdrawal must accept occurred more than 180 days after the I-140 was approved. In other words, once an I-140 petition has been approved for 180 days, information technology remains valid for purposes of continued H-1B extensions across the six-year limit even if the I-140 is withdrawn or the employer goes out of concern after 180 days.

An added benefit of waiting 180 days afterwards I-140 approval is the ability of an H-4 spouse to keep to obtain H-4 EADs on the ground of the approved I-140 petition, even if the I-140 has been withdrawn or the employer goes out of business after 180 days.

By: Emily Neumann, Managing Partner

Emily Neumann practices immigration law at Reddy & Neumann, P.C., Houston's largest clearing law firm focused solely on U.S. employment-based immigration. Since 2005, she has partnered with Hour professionals to help their businesses secure work authorization for their valued foreign national employees, including F-ane students. She has been named a "Tiptop 10 Immigration Constabulary Chaser" and received a "10 Best" Award for Client Satisfaction. Emily has been quoted in Bloomberg Law, U.S. News & World Report, Inside Higher Ed, and The Times of India on various hot topics in clearing. She is a member of the American Immigration Lawyers Association and Society for Human Resources Management.

Source: https://www.rnlawgroup.com/changing-employers-on-h-1b-after-i-140-approval/

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