H1 transfer

Byteless

Registered Users (C)
I was on TN working for Company A, they file H1 for me in 2007 which I won the lottery and received the notice with I-94 which means my status will be changed automatically to H1 from October 2007.

But in August 2007 I change the job and work for another company under TN.
My status changed automatically to H1 on october which I left the country and get back on TN in December.

The company B also sponsor me for green card.

My 140 was approved back in october 2008 and I filed I-485+EAD+AP on October 22, 2008 (receipt date Oct 27, 2008)

Its less than 180 days and I lost the job.

What options I have now, I know I can't get back to TN or get the new TN, only option for me is to get H1, can I do the H1 transfer now? another company can do it ? do I have to do it in April 2009? Can another company request H1 transfer anytime? If I go back to Company A who own my H1, will that be still alive, if I have an option to go back to Company A?

Please help...
 
You cannot get TN right now, unless and until your entire GC process is killed, so H1 is your only solution.

You can go back to Company A immediately presuming that hey did not kill your H1 -- which they should have.

Otherwise, you may start at any company (including A) as soon as they submit an H1 petition for you and you get the receipt notice. This is called portability of H1. There is no H1 transfer. You are in adjustee status right now, so status is not an issue.

To keep your GC going, you need to hope/pray/convince Company B not to kill your I-140 until the 180 day period passes. As long as your I-140 remains viable, or until 180 day period passes, your new employer is free to jump on to the I-485 that you have already submitted and act as your sponsor. You would ensure that they respond to any RFE's related to the I-485 sponsorship. This is known as I-140 portability. Both portability provisions come from the AC21 law.

If the 180 day period had passed, and if you had your EAD, you wouldn't even need H1, but since you don't have either, and your EAD would be based on a precarious I-140, go with h1. There isno need to premium process the I-29, just file normal H1, not subject to quota, since you previously had H1 and you have not used up its six-year clock.
 
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