Change of employer with I-140 approved (more than 180 days)
Hi,
I'm on H1B with employer A with approved I-140 (PD Nov. 2006). Employer B now filed an H1 transfer for me. My questions are:
1. will I lose my priority date from earlier approved I-140 if they file me a new one?
2. Does employer B need to file a new LCA?
Re: Change of employer with I-140 approved (more than 180 days)
If your I-140 has been approved, then you will be able to retain your priority date. With regards to a new H-1B, your new employer will have to file from the beginning. Note that he may not be required to start the labor certificatio and I-140 process from the beginning depending on your job. I recommend that you consult with an attorney to determine the best way to change employers and maintain status in the US.
Re: Change of employer with I-140 approved (more than 180 days)
If your I-140 has been approved, then you will be able to retain your priority date. With regards to a new H-1B, your new employer will have to file from the beginning. Note that he may not be required to start the labor certificatio and I-140 process from the beginning depending on your job. I recommend that you consult with an attorney to determine the best way to change employers and maintain status in the US.
