Can we transfer H1 3 yr extension after 6 yrs

[srika65]

I am posting this for my friend.

He ( Indian National ) has completed his 6 yr H1 sometime in Dec 2005, extended his 3 yrs H1 based on his approved I-140 under EB3 approval date is Nov 2005, and he has not filed his I-485 as his priority date is not current. Under this situation, 1. can he able to transfer his H1B to another company to start his labor under PERM, and then I-140 again. 2. Is Labor priority date /or I-140 with present company portable. Thanks for your help.

-Srika

 

[gc_2006]

1. can he able to transfer his H1B to another company to start his labor under PERM, and then I-140 again.

Yes, absolutely.

2. Is Labor priority date /or I-140 with present company portable.

Yes, he should get a copy of the approved I-140 and submit when he files the new I-140.

 

[immiq]

Yes, absolutely.

Yes, he should get a copy of the approved I-140 and submit when he files the new I-140.

Who told you that he can port his PD and I-140 to a new company without I-485 filed yet?

 

[scatcat]

NO it is only PD

I think gc2006 meant you can port PD, the new company would have to file for PERM and I-140 afresh, but he would be awarded that PD.

Who told you that he can port his PD and I-140 to a new company without I-485 filed yet?

 

[immiq]

I think gc2006 meant you can port PD, the new company would have to file for PERM and I-140 afresh, but he would be awarded that PD.

Read the Q&A again.
2. Is Labor priority date /or I-140 with present company portable.

Yes, he should get a copy of the approved I-140 and submit when he files the new I-140.

Can the PD be transferred between different companies? Where did you hear that?

 

[gc_2006]

The whole initial question wasn't worded very clearly since he even asked sbout filing a new I-140 in his 1. question. To disappoint all holy-grail I-140 transfer seekers: Obviously you cannot transfer the actual I-140 to another company. This has been discussed to death in this and other forums.
However in cases where no LC is filed the I-140 filing establishes the PD and the PD (of LC or I-140) can be transferred. Nothing more and nothing less.

Read the Q&A again.
2. Is Labor priority date /or I-140 with present company portable.

Yes, he should get a copy of the approved I-140 and submit when he files the new I-140.

Can the PD be transferred between different companies? Where did you hear that?