nina80

Hi - my husband's company has initiated the GC process, so it's in the employer's hands.

Have any of you had experiences with seeking new employment during this process? Is it legal for another company to 'take over' (I think it's called GC portability) the GC process and if so, how does it work? Or will he have to change his visa status during this time in order to work for a new employer?

Thank you in advance.

S Folinsky

I would recommend quite strongly a legal consultation with an attorney other than the one now doing the work.

As a general rule -- portability kicks in once the ADJUSTMENT [e.g. the I-485] application has been pending more than 180 days.

A second feature related to portability but NOT the same -- once an employment based VISA PETITION [e.g. the I-140] has been approved, the alien retains the priority date for any other employment based petition which may be filed.

Again, legal consultation is recommended.

notshipman

Just out of curiosity what happens to those people on h1/l1 etc (indians/chinese) who are backlogged when the employer sponsors the GC can they continue extending the h1/l1 indefinitely?

BostonBrit Expat Since 03

yep, once the I140 is approved they can keep extending H1B

maulajatt

If a person exhaust 6 years of H1, but PERM is approved, then 1 year extension can be granted for H1B, if 140 is also approved then unlimited 3 years extensions are given for H1b till PD becomes current and applicant is able to file for AOS.

jxv73

The backlog is not limited to China and India. All EB-3 is backlogged, though admittedly it has improved considerably in the past year.

As long as an I-140 is approved the H-1B can be extended by up to 3 years beyond the 6th year.

If the PERM or I-140 is pending and the PERM (or I-140 for cases that do not need a PERM) was submitted one year before the 6th "anniversary" of the H1B then the H-1B can be extended for one year.

I do not know of any extension provisions for L-1s.

notshipman

Also are you stuck to the same employer until the GC comes through or is there some provisions to change employer while waiting (after the I-140 is approved perhaps)?

maulajatt

You can change employer, but your new employer have to start the process all over, once new employer file for I-140, you can request USCIS to port your old Priority Date.

notshipman

Is the I-140 tied to an employer then so even if you change employer after it is approved you have to get a new I-140 approved but with the same priority date?

maulajatt

Yes, so when your new employer files new I140, at the time of approval (or application .. not sure), your attorney can request the USCIS to port the old Priority date and link it to new I-140.