Transfer Labor Certification

[shamee]

Hi,

I am currently working for "Employer A" who filed my Labor Application on March 2005. Right now, the application is in the Philadelphia backlog center. I am on my seventh year extension which is valid till May 2007. "Employer A" could lay me off at anytime.

Can "Employer B" transfer the Labor Application if "Employer A" has no objections? OR Can "Employer B" file an H1 extension based on the Labor Application filed by "Employer A"?

Appreciate your early response.

Thank you,
Shamee

 

[immiq]

The LC is not transferable but the Company B can extend your 7th year H-1B by the Company A’s LC if it will not be withdrawn after you leave the Company A.

 

[stct80]

Change of employer after 6th year of H1B expiry.

The LC is not transferable but the Company B can extend your 7th year H-1B by the Company A’s LC if it will not be withdrawn after you leave the Company A.

I would appreciate if someone can clarify on this matter. My scenario:

1. I am in the 6th year of H1B period.
2. Labor is approved 6 months ago. I have filed I140 premium on Labor approval.
3. Priority date is not current.

Questions:
1. Can I get 3 years of H1B extension?
2. I know that I can not transfer my Labor till the original PD is current.
Can I use the original employer's H1B extension of 3 years, change the employer, but still retain the original Priority Date while filing GC through the new employer?

Thanks in advance,