4 ms·
>The I-140 can be premium processed. How could it be pending for years? "Premium processing" just means that your premium fee is refunded if the application is
by pandaman 9y ago
>The I-140 can be premium processed. How could it be pending for years?
"Premium processing" just means that your premium fee is refunded if the application is not approved in the short time. It can totally go for any period of time imaginable even without lawyers filing it in such a way as to ensure a couple of RFEs.
>Your new employer restarts the PERM process with the priority date from your old application.
Meanwhile you are on a 1 year H1B extension, which cannot be extended until you have a new pending I140. Which, in turn (if memory serves) requires 1 year and 1 day left in status to file (though there are probably ways around it too).
> Hence I said the system could be better.
I am not arguing that system could not be better, I am arguing against "mythbusting" of ease of switching jobs on H1B. It's easy on a fresh H1B but it's very complicated later and this is the reason people don't often do that on >6 years H1B (practically with 5+ years you are already running into the issues with I140).