I-140 approved, Transfering H1

T

TigerAmit

Registered Users (C)
EB3, I-140 approved. Transfering H1
on uscis site I could check the online status of my current h1 based on my EAC#.

Once I transfer my h1. Do I get new EAC# ?

What will the online status of my old EAC# ? incase my employer keeps a check on my old EAC#?

Thanks,
 
TigerAmit said:
EB3, I-140 approved. Transfering H1
on uscis site I could check the online status of my current h1 based on my EAC#.

1) Once I transfer my h1. Do I get new EAC# ?

2) What will the online status of my old EAC# ? incase my employer keeps a check on my old EAC#?

Thanks,
Click to expand...

Found the Answers:

1) Yes you get new EAC #,
2) if employers search on old EAC # he will get old h1b info

Additional: if employer calls at uscis then uscis wont disclose data related to where and when h1 has been transfered.
 
140 approved change job

Is there a provision to use 140 from company A work then file for 485 with company B. since retroression means waiting for years after 140 approval is there some provision to prevent the interest of H1B workers
 
greencardvow said:
Is there a provision to use 140 from company A work then file for 485 with company B
Click to expand...

Yes, if I 140 from company A belongs to you then you can use that PD with company B. But you have to start the GC process from scratch with company B and use the old PD at the time of filing your new I 140. This is a vey controversial topic in this forum and I have checked with couple of attorneys who are very confident that there will not be any problem in that. I am not sure if you are aware where the grey area is - the problem araises when the previous employer revokes your approved I 140.
 
GCfromIL said:
Yes, if I 140 from company A belongs to you then you can use that PD with company B. But you have to start the GC process from scratch with company B and use the old PD at the time of filing your new I 140. This is a vey controversial topic in this forum and I have checked with couple of attorneys who are very confident that there will not be any problem in that. I am not sure if you are aware where the grey area is - the problem araises when the previous employer revokes your approved I 140.
Click to expand...

I am working on this issue and found that if your employer revokes I-140 then you cant transfer your PD to new I-140.

I am talking to couple of good recruiters about
1) Filling PERM without being on their payroll or transfering h1.
2) Once PERM is through; use your current PD along with new I-140 app.
3) Once you get New I-140 with your PD, transfer your h1 to new employer

10 Weeks for Applying PERM
02 weeks to get approval
01 week for applying I-140
02 weeks for approval

So roughly if you can plan for next 4 months then its possible to safely get your PD transfered to new employer without risking your GC
 
140 approved

Supposed 140 is not revoked by my current employer after approval. Now I change employer then am i good if I file 485 with new employer
 
Thanks , Valid & useful Info Tiger Amit.

Also i have couple of queries . can you /anyone pls clarify :

1.) Can we do the PD transfer before/during /after 485 ? which is less risk (before 485/ during, after 485)

2.) can we do a H1 transfer after 140 is approved (or) during/after 485 process & continue the same GC process (without a new GC application with new employer).

3.) can a EB3 PD is transferrable to EB2 (for both intracompany & inter company transfer)

4.) I have signed 3 years agreement as post-GC commitment. Is it legally valid in CA, NE ? can i break it? if so, how

Pls help me , its critical for me.

Thanks a lot !

TigerAmit said:
I am working on this issue and found that if your employer revokes I-140 then you cant transfer your PD to new I-140.

I am talking to couple of good recruiters about
1) Filling PERM without being on their payroll or transfering h1.
2) Once PERM is through; use your current PD along with new I-140 app.
3) Once you get New I-140 with your PD, transfer your h1 to new employer

10 Weeks for Applying PERM
02 weeks to get approval
01 week for applying I-140
02 weeks for approval

So roughly if you can plan for next 4 months then its possible to safely get your PD transfered to new employer without risking your GC
Click to expand...
 
How about new position..

GCfromIL said:
Yes, if I 140 from company A belongs to you then you can use that PD with company B. But you have to start the GC process from scratch with company B and use the old PD at the time of filing your new I 140. This is a vey controversial topic in this forum and I have checked with couple of attorneys who are very confident that there will not be any problem in that. I am not sure if you are aware where the grey area is - the problem araises when the previous employer revokes your approved I 140.
Click to expand...
This is an important area I think we need more information on.. Does anyone know if there is any way to get more information on this .. I am also interested in knowing if the PD is maintained only for a "similar" job position?. As in, can someone apply to a job where the job description is different and still continue with older PD?.. thanks
 
medan_raj said:
Thanks , Valid & useful Info Tiger Amit.

Also i have couple of queries . can you /anyone pls clarify :

1.) Can we do the PD transfer before/during /after 485 ? which is less risk (before 485/ during, after 485)

2.) can we do a H1 transfer after 140 is approved (or) during/after 485 process & continue the same GC process (without a new GC application with new employer).

3.) can a EB3 PD is transferrable to EB2 (for both intracompany & inter company transfer)

4.) I have signed 3 years agreement as post-GC commitment. Is it legally valid in CA, NE ? can i break it? if so, how

Pls help me , its critical for me.

Thanks a lot !
Click to expand...

1.) Can we do the PD transfer before/during /after 485 ?
-->No offence plese, but if you know what is PD and how it helps to file 485, you would have not asked this question. Please understand complete GC process; you will find it within this forum or may be I'm wrong and you might have file I-140 and 485 together, in that case I am not aware of the process
-->which is less risk (before 485/ during, after 485)
Dont Know

2.) can we do a H1 transfer after 140 is approved (or)
Yes you can
-->during/after 485 process
Dont Know

-->& continue the same GC process (without a new GC application with new
employer).
you cant continue the same GC process but you will start new GC process and transfer your PD from old GC process

3.) can a EB3 PD is transferrable to EB2 (for both intracompany & inter
company transfer)
dont know about intracompany but PD can be transfered cross catagory.

4.) I have signed 3 years agreement as post-GC commitment. Is it legally valid in CA, NE ? can i break it? if so, how
-->Dont know
 
greencardvow said:
Supposed 140 is not revoked by my current employer after approval. Now I change employer then am i good if I file 485 with new employer
Click to expand...

After you change your employer and new emp files new I-140 and
your old PD appears on your new I-140.

If your current employers revokes I-140 before you are done with new I-140 then you lose your PD.

After you get your PD on new I-140, your old employer can revoke but it has no effect on you.

You can file 485 with your new I-140 irrespective of old 140 revoked or not...this is my understanding as of now... :rolleyes:
 
Last edited by a moderator:
More questions

TigerAmit said:
After you change your employer and new emp files new I-140 and
your old PD appears on your new I-140.

If your current employers revokes I-140 before you are done with new I-140 then you lose your PD.

After you get your PD on new I-140, your old employer can revoke but it has no effect on you.

You can file 485 with your new I-140 irrespective of old 140 revoked or not...this is my understanding as of now... :rolleyes:
Click to expand...
Hi TigerAmit and others,
I am also interested in knowing if the PD is maintained only for a "similar" job position?. As in, can someone apply to a job where the job description is different and still continue with older PD?.. thanks
 
TigerAmit said:
I have signed 3 years agreement as post-GC commitment. Is it legally valid in CA, NE ? can i break it? if so, how
Click to expand...

If the agreement does not have a break clause, then it is not enforcable - but talk to a lawyer. A break clause is usually something like you will have to pay full costs paid by the company for the GC process or something similar.

But be careful - if you quit before two years - and the company is doing well and they want to hold on to you, they can complain to USCIS that you did not intend to hold-on to employment after GC (remember that employment based GC is for a permanant position), and in extreme case USCIS can revoke your GC - never heard of anyone in this position - but heard about this from all lawyers I have consulted. But after two years - the burden of proving that you did not intend to hold on to the employment after getting GC will be difficult to prove and USCIS will not revoke GC. Again - this is only from what I have heard - you need to consult your lawyer and ask him/ her.
 
You must log in or register to reply here.
Top