New LCA-I140 filing after change of jobs.
Dear Friends,
I have I140 approved from company A, am in my 5th year of H1-B. My PD is Oct2008. Company B is willing to transfer my H1-B (validity would be 3 yrs) but plans to start the GC process (LCA-I140 etc.) after 6 months of starting there. Is this acceptable? Can they wait? Please advise.
Thanks!
The American Competitiveness in the 21st Century Act (AC21) permits an individual to seek new employment when the following conditions are met:
New employment must be the "same or similar" occupational classification;
Form I-140 has been approved, or is approvable when filed concurrently with I-485;
Form I-485 has been pending for at least 180 days.