7th Year H1B Transfer after pending 485 (EB3I) for a year; 140 Approved a year back

[avi2000]

Hi,
I am EB3 India completing 6 year of H1B this month. Current H1B is valid till Oct 2009 ( after 1 year additional req for pending I140 )

I-140 approved in Sep 2007 ( I have one page of Approval Notice copy, not sure if there any additional pages comes with it )and I-485 was filed in July 2007. Also My employer is not willing to share Labor Approval copies.

In this tough market I have come across several good opportunities ready to transfer H1B. While I have option to switch to EAD, still I would like to stick to H1b.

Also FOIA request with DOL and USCIS is pending in long queues.

Looking at the situation above I have below questions :

1. Is H1B transfer possible in this situation while maintaining the 485 status pending ?

2. If H1B transfer is possible -

2.1) will the new company be able to request and get for 3 years extenstion, unless there's a decision on AOS application ?

2.2) Can I change the attorney for my pending 485 application(since the current attorney belongs to the company and doesn't share information), also I would be able to know RFE ontime for my case.

3. Is it mandatory to have approved labor copy to transfer H1B to other company ?

Thanks!

 

[manwithnoname]

Answers below:
1. Yes.
2. Yes the new employer can obtain another 3 years based on he I-140 approval notice. Please file g-28 form with the pending applications with USCIS so that any RFEs will be tackled by the new attorney.
3. No LC is not required as the basis for H-1B extension is I-140 approval.

 

[avi2000]

Answers below:
1. Yes.
2. Yes the new employer can obtain another 3 years based on he I-140 approval notice. Please file g-28 form with the pending applications with USCIS so that any RFEs will be tackled by the new attorney.
3. No LC is not required as the basis for H-1B extension is I-140 approval.

Hi, Thanks for taking initiative and responding to my questions.