I am planning to move to US from India, so will my H1 with a new employer go through lottery again? I also need some clarity in the GC process.


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  • Official comment
    Stilt Team

    Good news is that once your H-1B is approved, you never need to apply again. There is only chance for OPT and H-1B. If your current H-1B is valid then you can just transfer it to your new employer. The process takes 2 weeks with premium processing and usually not that painful (lawyers should take care of it).

    Unfortunately, you will have to start the green card application again. I-140 is just a petition for an alien worker in the U.S. Here are more details about the form:

    Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker

    The priority date for PERM based applications needs to be understood correctly. Based on the article below:

    Filing an I-140 and I-485 Concurrently To Speed Up The Green Card Process - AllLaw.com

    “In the context of PERM-based I-140 petitions, your priority date is the date on which your PERM was submitted to the Department of Labor (DOL) – NOT the date the DOL approved your PERM. For example, if you submitted your PERM on October 1, 2015, and the DOL approved it on January 1, 2016, your priority date is October 1, 2015.”

    You may have to start the application process from scratch since your I-140 wasn’t approved.

    About Stilt:

    Stilt provides loans to international students and working professionals in the U.S. at rates lower than any other lender. Learn more about us on wikipedia or visit us at https://www.stilt.co. If you have any questions, send us an email at team@stilt.co.

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