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How to change employment after 6yrs of H1 with approved I-140
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FreeandBrave
8/19/2014 3:26:37 PM
Total Posts: 2
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I am currently in extension of H1 (expiry Feb 2016) based on approved I-140 (approved in 2012) from company A. Company A was acquired by company B. I wish to change employment to Company C. What do I need to take care of so that I can switch employment but retain my GC process.
lisaanderson
12/2/2014 9:18:12 AM
Total Posts: 5
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[quote=FreeandBrave;14555]I am currently in extension of H1 (expiry Feb 2016) based on approved I-140 (approved in 2012) from company A. Company A was acquired by company B. I wish to change employment to Company C. What do I need to take care of so that I can switch employment but retain my GC process.[/quote] You won’t be able to retain GC process unless your Adjustment of Status application has been already filed and pending for 6 months. Furthermore, Company B should have filed an Amended I-140 to prove Successor-in-Interest. Once moving to Company C, you will need to have them do the process again. However, you will be able to retain the priority date of the previous I-140. With the new proposed changes in law, you may be able to file an AOS even if your priority date is not current. After AOS is pending for 180 days, you can change jobs. You may want to consider waiting until then to change jobs if Company C is not willing to do PERM and I-140. Also, you may want your employer to ask their attorney if an amended I-140 needs to be filed.
FreeandBrave
12/2/2014 8:00:50 PM
Total Posts: 2
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Thanks. I am not in AOS status. So I might have to ask Employer C to restart the process but its good to know that I can retain the earlier priority date.


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