• Switching Employers with Approved I-140

    Most of the non-immigrats in USA will plan to move from current employer once the i-140 is approved. There are lot of thing s that person is on H1b visa should care about before switching employers.

    Moving employers requires new Labor and I-140

    This article talks about risks associated with moving employers with approved I-140.You might think after moving to a new employer, i-140 from previous employer will be carried automatically. But the fact is the new employer needs to file labor and i-140 from scratch to process your greencard.

    You may lose priority date

    If the old employer cancels i-140 before the i-140 with the new employer gets approved, you will loos the priority date. New employer can't get the old priority date.

    Impact on H4-EAD

    If old employer cancels I-140 before the new employer's i-140 gets approved your spouse's H4-EAD will be cancelled. You need to wait until new employer's i-140 gets approved to get a new H4-EAD.
    Comments 2 Comments
    1. Unregistered's Avatar
      Unregistered -
      Nice post.
      What if I move to India after my I-140 is approved in the US, but continue to work for the same employer at their branch in India - Will my I-140 and priority dates still be valid.?
      The reason why I am asking is, I want to move to India for a couple of years because of personal reasons and then move back to the US again.
    1. venkatavinod's Avatar
      venkatavinod -
      Nice post Ajay.
      What if I move to India after my I-140 is approved in the US, but continue to work for the same employer at their branch in India - Will my I-140 and priority dates still be valid.?
      The reason why I am asking is, I want to move to India for a couple of years because of personal reasons and then move back to the US again.

      Thanks.
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