H1B I140 Query

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Shyam Madhavan - 30 Jan 2006 22:39 GMT

Hi
I am wondering is after one gets their LC.
And files for I140 (Form I-140, Immigrant Petition for Alien Worker) ;
some of the priority dates are s far streched especially for countries
like India.
Can I the employee leave that job and go to another or even g back to
school.
What happens to my petition if that happens.
As the wait is sometimes greater than 4 years.

Tangent Question:
If you have H1B from Job A and you decide to take job B.
And the Job B Employer is ready to file H1B for you.
Does this H1B goes against the estimated quota of H1 for the year or is
it considered like H1B extension and has no numerical cap on it.
Thanks is advance.

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bzuccaro - 31 Jan 2006 22:31 GMT

> Hi
> I am wondering is after one gets their LC.
[quoted text clipped - 13 lines]
> it considered like H1B extension and has no numerical cap on it.
> Thanks is advance.

Changing Employment

Once your labor certification has been approved, and your I-140 petition
has been approved, theoretically you may change employers and pursue a
green card through a new employer. To qualify, you must have an
adjustment application pending for more than 180 days, and your petition
must be based on an EB first, second, or third preference. The new job
must also be in the same or a similar occupational classification as the
job for which the initial petition was filed.

Going Back to School

If you are still in H-1B status during the pendency of your green card
application, you may take part-time classes that are incidental to your
H-1B employment. You may change status to F-1 and enter a full-time
course of study, but most likely your employer will no longer be willing
to continue to sponsor your green card in this situation.

H-1B Cap Issue

Petitions requesting to change H-1B employers are not subject to
the H-1B cap.

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Immigration Forum / USA / January 2006

H1B I140 Query