I410 Transfer


I am currently working for a consultancy as sub-contractor for HCL. My current employer - consultancy had filed my i140 2 weeks back. However now HCL is offering a very good package and will start GC processing after 6 - 8 months of joining date. I am really confused whether to accept the FTE position now or wait until my i410 gets approved through consultancy which will take appox 8 months and then join as FTE. I am not sure if HCL will hold the offer until then.

My question here is - is it worth to wait until i410 get approved and then move to a new company.
Do we get any advantage of getting i140 approved now ? Do all employers do 140 transfer ?For i140 transfer, do the new employer has to file to labor certificate and i140 again. or is it the priority date?
I am planning to add my spouse as EAD once 140 is approved ? So when I moves to a new employer, do my spouse’s EAD goes invalid and has to apply again ?

Please reply.


If you move to new employer now, then you lose your priority date as your I-140 is not approved yet.

Once you move to new employer after I-140 has been approved, they will have to start GC process again but can port the priority date. As long as the new employer is willing to file GC for you, they can port the PD.

Before you join new employer, ask them when they will be willing to file the GC?

Your spouse EAD will remain valid even if you change employers as long as your I-140 has been approved.