Legal Question in Immigration Law in New York

Green card i-140

I have an approved i-140 and my H1B visa was recently extended for one year (6th year over). If I plan to change employer, what happens next? I cannot file for i-489 or next step because of priority dates.

a) Can my new employer use the approved i-140 and the current one-year H1 approval to ''transfer'' the H1 and get 3 years on it?

b) Can my new employer also restart the green card process and retain the approved i-140 so that I retain my priority date? Is there a risk involved here?

Thank you


Asked on 6/07/09, 11:00 pm

2 Answers from Attorneys
Rachel Baskin Rachel Baskin, Attorney at Law

Re: Green card i-140

If you change jobs, your new employer will have to file a new H-1B petition for you. If he wants to sponsor your for a green card, then he will have to start the process all over again (he will have to file another labor certification application on your behalf). You will be able to use the priority date from the first labor certification/I-140 when applying for your permanent residence.

Please note that content of this reply does not constitute legal advice or create an Attorney/Client relationship in the absence of an agreement for legal services/retainer with my office. This is just a place to start in deciding what to ask your lawyer.

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Answered on 6/08/09, 10:23 am
Antoinette Wooten The Wooten Legal Consulting, PC

Re: Green card i-140

I would need more information regarding your particular case before I can comment on it properly.

However, if you change employer they can petition for a H1-B transfer for you by giving the immigration service all the necessary documents that it will need.

The green card process is a different matter. Once you are approved it is in your best interest to complete that process.

Having a different employer will affect your application date because the new employer will have to give every thing the previous one did and you do not want to have to go through all that again.

Patricia Martin-Gibbons

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Answered on 6/08/09, 4:17 pm


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