Can I transfer H1 and Green card?

V

visu Venkat

Registered Users (C)
Hi,
My current status:
My labor was approved in Nov. 2006 in EB2 category through company A
140/485 applied concurrently in July end of 2007
140 approved in Feb'08 and
EAD issued in Oct'07 and renewed in Oct'08 ( I now have EAD valid for 2 years)
485 pending since July'07.
My current status: H1B with company A.
I got a full time offer from company B. Can I transfer both Green card and H1B to new employer and he can continue my green card while I am still on H1B?
Some body told me that I can only either go on EAD and new employer takes over my green card or if I transfer my H1B to new employer, I have to leave the green card at my old employer. If I have to transfer H1B and Green card, it is impossible.
is that true?
Can some body advise?
Thanks.
 
visu Venkat said:
Some body told me that I can only either go on EAD and new employer takes over my green card or if I transfer my H1B to new employer, I have to leave the green card at my old employer. If I have to transfer H1B and Green card, it is impossible.
Click to expand...

"Some body" is totally incorrect.
 
so I can transfer both my green card and H1?

Hi TheRealCanadian,
So can I transfer both H1B and green card to new employer? Can I do this with out the use of AC21?? Do you mind explaining a little bit more? please....
Thanks,
Visu.
 
visu Venkat said:
Hi,
My current status:
My labor was approved in Nov. 2006 in EB2 category through company A
140/485 applied concurrently in July end of 2007
140 approved in Feb'08 and
EAD issued in Oct'07 and renewed in Oct'08 ( I now have EAD valid for 2 years)
485 pending since July'07.
My current status: H1B with company A.
I got a full time offer from company B. Can I transfer both Green card and H1B to new employer and he can continue my green card while I am still on H1B?

Some body told me that I can only either go on EAD and new employer takes over my green card or if I transfer my H1B to new employer, I have to leave the green card at my old employer. If I have to transfer H1B and Green card, it is impossible.
is that true?
Can some body advise?
Thanks.
Click to expand...

You are on H1B with employer A. employer B can file H1 transfer petition for you with USCIS. Once get H1 transfer filing receipt then join B on H1 status. You can also join employer B with EAD but H1 has advantages.
You don’t transfer Green Card you use AC21. To be eligible for AC21 you need I-140 approved AND I-485 pending more than 180 days and new employer need to give you permanent job offer letter with same/similar job duties and you invoke AC21 and request USCIS to approve your Pending I-485 based on new employer job offer letter.
** if your I-485 is pending more than 180 days then you are eligible for AC21.
 
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