Shall I lose my approved I 140 and priority date if I switch to another employer?

I am on H1B visa which will max out in Nov 2018. My employer filed for my GC and the current status is I 140 approved. My question is if I switch to a different employer, shall I lose the approved I 140 and my priority date? My current employer revokes/withdraws I 140 if an employee moves out of the company. My H1 visa will max out in 2 years and I 140 approval now a days take very long time. I wanted to check if switching now may become an issue for me.

Asked on June 22, 2016 under Immigration Law, Connecticut

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, if you switch employers before the I-485 is filed and is pending for at least 6 months, you will lose the ability to adjust status on the basis of that approved I-140 even if the employer does not revoke it.  You'd have to restart the entire process from PERM if you switch employers although you might be able to retain the original priority date.  If you still have 2.5 years left in H-1B status it is still enough time to get the PERM started with the new employer and get it filed at least 1 year prior to the maxing out on H-1B, which is how you'd be eligible for extensions in H-1B beyond the 6 year maximum.
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.