Changing Employer after 140 is approved

[mvermani]

Gurus please help!

My 6 year limit is ending in July 2006 and I have H1 extension (based on approved 140) till 2008 from company A. I want to change my employer to company B.

Company B is ready to file for my I-140 (based on substitute labor) and then file my H1 transfer/extension based on I-140 filed from company B. My concerns are

1. Will H1B transfer be valid if I-140 from company B gets rejected (assuming company A has revoked my old H1 and I-140).
2. When should I join company B(on the receipt notice of H1 transfer or after the H1 approval)

 

[settling_withgc]

I dont think it is valid this way.
Labor substitution is using existing labor for a company and then joining the same company.
I dont think it is for intra company substitution.

 

[EricS]

Gurus please help!

My 6 year limit is ending in July 2006 and I have H1 extension (based on approved 140) till 2008 from company A. I want to change my employer to company B.

Company B is ready to file for my I-140 (based on substitute labor) and then file my H1 transfer/extension based on I-140 filed from company B. My concerns are

1. Will H1B transfer be valid if I-140 from company B gets rejected (assuming company A has revoked my old H1 and I-140).

H1 remians valid even if 140 (base for extension) is rejected.

2. When should I join company B(on the receipt notice of H1 transfer or after the H1 approval)

I suggest you join on approval, use premium processing.

 

[ajo2004]

Changing employer

Hi Gurus,
I am waiting for my I-140 approval. Once I get my I-140, is it possible to change employer? My understanding is the new employer needs to re-file labor and I-140 based on my old PD.
But can they convert from current EB-3 category to EB-2?

Do I need to get my H1B extension first from current employer and then apply for transfer?

Please share your knowledge.

Thanks

PD : 04/24/04
Type: EB3- RIR
I-140 FD : 03/07/06
I-140 AD : still waiting