visa issues Urgent Help: H-1B, I-140 Approved, Change Employer, New Cut Off Dates

[andhravodu]

Guys, I have been asking about this stuff before and my situation has been changing rapidly. So here is my new situation. I am on H-1B and I have an approved I-140 (approval date just more than 6 months ago). I wanted to stick my employer until I get green card but a lot of things have been changing. So, I am considering change of employment now. The new employer promised to catch up on my H1 and Green Card.

 

Q1: My first H-1B started on 10/01/2011 so I believe I have until 09/30/2016 (365 days before end of sixth year, 09/30/2017) to file my PERM with new employer. Is that correct?  

 

Q2: Will the new VISA bulletin acceptance cut off dates have any impact on my acceptance in the future. Because, I heard the acceptance cut off dates only apply if the employee is still with the original PERM filed employer. So does that mean I cannot file for adjustment in the future even though the acceptance cut off date is before my priority date, just because I changed my employer? I googled it but couldn't find reliable information. Experts, Please throw some light on this.

 

1) perm eppudaina apply cheyochu

2) still with original perm filed employer ane condition emi ledu. green card future employment ani gurthu pettuko, technically you don't need to working with gc filing company, except a promise it will be for future employment

[vasu123]

Q 1: employer change ayithe almost patha employer withdraw chesukuntadu i140, then PD will retain but new employer minimum 1 year before 2nd h1(6th yr) perm start cheyali to get visa after 6th year.
Correct me if im wrong. - Edi wrong bro no need to file prm before 365 days, you can get extension beyond 6yrs using your old i140 approval.


Q 2: Ippudu nee PD old employer nundi new employer ki retain ayyi kotha employer tho i140 approve ayithe same PD tho acceptance ki allow cheyara? I need answer for this too.
PD retain ayithe ade date ki acceptance cut off alliw chestaru kada AOS apply ki???
Once i140 approved with new employer, yes you can port your date

Q 1: old i140 valid kadu kada vayya if employer withdran, only PD retain avutundi kada. Nuvvu anedi if old employer withdraw chesukunna kooda kotha employer gc perm kooda start cheyakapoyina kooda 6 years tarvatha extension istara? Employer with draw chesukunte i140 valid eh kadu kada

[texas]

Q 1: old i140 valid kadu kada vayya if employer withdran, only PD retain avutundi kada. Nuvvu anedi if old employer withdraw chesukunna kooda kotha employer gc perm kooda start cheyakapoyina kooda 6 years tarvatha extension istara? Employer with draw chesukunte i140 valid eh kadu kada

no even if he withdraws you can use i140 approval(just like you use it for porting the date) during transfer for H1b extension beyond 6 yrs, aina nuvvu h1 transfer ayyaka kada vaadu revoke/withdraw chesedi.. and during transfer itself you will get 3 yrs extension mostly using your i140 approval

[vasu123]

Q2: Will the new VISA bulletin acceptance cut off dates have any impact on my acceptance in the future. Because, I heard the acceptance cut off dates only apply if the employee is still with the original PERM filed employer. So does that mean I cannot file for adjustment in the future even though the acceptance cut off date is before my priority date, just because I changed my employer? I googled it but couldn't find reliable information. Experts, Please throw some light on this.


Is this statement true???? First employee tho lekunte acceptance cutoff rule varthinchada

[Raja123]

no even if he withdraws you can use i140 approval(just like you use it for porting the date) during transfer for H1b extension beyond 6 yrs, aina nuvvu h1 transfer ayyaka kada vaadu revoke/withdraw chesedi.. and during transfer itself you will get 3 yrs extension mostly using your i140 approval

+1

[vasu123]

Q 2 ni clarify cheyandi experts about new acceptance cutoff dates  if we change employer

[texas]

Q 2 ni clarify cheyandi experts about new acceptance cutoff dates  if we change employer

what is your q balayya ?

[kathanayakudu]

Guys! I don't know which one to trust. I got different answers for both questions. But I think the 365 day rule applies even when you have an approved i-140 with current employer revoke or not... doesn't matter. I just spoke to a lawyer and he said it. That means I have to at least make sure that the new PERM goes in at least 365 days before the end of sixth year.

2nd please don't panic, like I said it is something I heard from 1 or 2 people. I couldn't find reliable sources for that. So that's why I posted here to see if anyone else knows about. Just please let me know if it is true though.


But I didn't know I could get another 3 years when I move to new employer even though it will be beyond six years. Is it true?

[vasu123]

Guys! I don't know which one to trust. I got different answers for both questions. But I think the 365 day rule applies even when you have an approved i-140 with current employer revoke or not... doesn't matter. I just spoke to a lawyer and he said it. That means I have to at least make sure that the new PERM goes in at least 365 days before the end of sixth year.

2nd please don't panic, like I said it is something I heard from 1 or 2 people. I couldn't find reliable sources for that. So that's why I posted here to see if anyone else knows about. Just please let me know if it is true though.


But I didn't know I could get another 3 years when I move to new employer even though it will be beyond six years. Is it true?

 

neeku ela telsindi about 2nd, employer change ayithe second employer tho unte acceptance cutoff dates first PD ki varthinchavu ani??,  PD retain ayinappudu why don't that date be considered  for acceptance cutoff date and AOS filing.

[texas]

Guys! I don't know which one to trust. I got different answers for both questions. But I think the 365 day rule applies even when you have an approved i-140 with current employer revoke or not... doesn't matter. I just spoke to a lawyer and he said it. That means I have to at least make sure that the new PERM goes in at least 365 days before the end of sixth year.

2nd please don't panic, like I said it is something I heard from 1 or 2 people. I couldn't find reliable sources for that. So that's why I posted here to see if anyone else knows about. Just please let me know if it is true though.


But I didn't know I could get another 3 years when I move to new employer even though it will be beyond six years. Is it true?

Double check on your first clause bro, there is no need to file perm before 365 days when you have i140 approval. Reason why I am confident on this - is because I had FT offer with Amex and I spoke to their Immigration team about this and they clarified that there is no need to file Perm before 365 days before once u have i140 approval

[kathanayakudu]

Sure. I will double check on that.

Double check on your first clause bro, there is no need to file perm before 365 days when you have i140 approval. Reason why I am confident on this - is because I had FT offer with Amex and I spoke to their Immigration team about this and they clarified that there is no need to file Perm before 365 days before once u have i140 approval

[kathanayakudu]

Sure I will double check.

Double check on your first clause bro, there is no need to file perm before 365 days when you have i140 approval. Reason why I am confident on this - is because I had FT offer with Amex and I spoke to their Immigration team about this and they clarified that there is no need to file Perm before 365 days before once u have i140 approval

[kathanayakudu]

LTT