CHANGING JOB (Labor, I140 Approved) and currently on 3 Year H1 Extension !!!

W

waitforgc123

Registered Users (C)
Dear All,

I am sure there are many who are in my same or similar condition and may have similar questions. Hence I am starting this thread:

My condition :
----------------------------
EB3
PD - July 2004
Labor and I140 Approved.
7 Years completed
I AM NOW on 3 YEARS H1 Extension after completing 7 years on H1.
----------------------------

I am currently working with Company A and I am planning to switch to Company B. My Labor was approved for Software engineer and if I join Company B I will be doing MARKETING. Company B is willing to transfer my H1 over and proceed with Eb2.

My Question was : Given that I have an H1 extension for 3 years based on my previous I140 approval with company A ...

1) Can I switch to Company B ?

2) Can I retain my PD ?

3) If Company A cancels my I140 immediately will it result in cacellation of my 3 Year H1 and nullify my transferred H1 to Company B?

4) Since the job offer is great and in a field that I like - I am willing to loose my PD. So do you guys think that I can start off on a fresh GC process on Eb2 using my current 3 year H1 extension, even if company A cancels my 140.

5) Basically the key question is : Is the 3 year H1 extension that I have contingent/dependent on my company A's I140. Or is the H1 extension independent and can be used just as any other normal H1 which can be transferred over no matter what.

I know that there are a lot of knowledgeable and experienced people on this forum. I would humbly request you to share your opinion and ideas for the people who are in the same boat as me.

Thanking you in advance and my sincere appreciation !!

Best regards
Waitforgc123
 
what did you find out?

Hi:

Even though I do not have an answer for your query, I would like to make you a request. No doubt there are many other people in a situation like yours, who are trying to or who need to change job after I 140 approval. I am sure you will do some research on this issue and eventualy make a conclusion/decision. When you do reach at a conclusion, I request that kindly share your findings with this forum please, so that others can be benefited from your findings.

Wishing you good luck in your quest for gc...
 
waitforgc123 said:
Dear All,

I am sure there are many who are in my same or similar condition and may have similar questions. Hence I am starting this thread:

My condition :
----------------------------
EB3
PD - July 2004
Labor and I140 Approved.
7 Years completed
I AM NOW on 3 YEARS H1 Extension after completing 7 years on H1.
----------------------------

I am currently working with Company A and I am planning to switch to Company B. My Labor was approved for Software engineer and if I join Company B I will be doing MARKETING. Company B is willing to transfer my H1 over and proceed with Eb2.

My Question was : Given that I have an H1 extension for 3 years based on my previous I140 approval with company A ...

1) Can I switch to Company B ?

2) Can I retain my PD ?

3) If Company A cancels my I140 immediately will it result in cacellation of my 3 Year H1 and nullify my transferred H1 to Company B?

4) Since the job offer is great and in a field that I like - I am willing to loose my PD. So do you guys think that I can start off on a fresh GC process on Eb2 using my current 3 year H1 extension, even if company A cancels my 140.

5) Basically the key question is : Is the 3 year H1 extension that I have contingent/dependent on my company A's I140. Or is the H1 extension independent and can be used just as any other normal H1 which can be transferred over no matter what.

I know that there are a lot of knowledgeable and experienced people on this forum. I would humbly request you to share your opinion and ideas for the people who are in the same boat as me.

Thanking you in advance and my sincere appreciation !!

Best regards
Waitforgc123
Click to expand...


I have in a similar situation as Waitforgc123 has.
Q 1, 2,3,5 are applicable to me. 4 is not applicable to but I will be forced to change the employer since my client is not loger willing to work with my current employer. However, my client wants me to change the employer to retain the current position.

Any Replies to our questions from the immigration experts ?
 
bombay_rail said:
I have in a similar situation as Waitforgc123 has.
Q 1, 2,3,5 are applicable to me. 4 is not applicable to but I will be forced to change the employer since my client is not loger willing to work with my current employer. However, my client wants me to change the employer to retain the current position.

Any Replies to our questions from the immigration experts ?
Click to expand...


Hi,
My situation is same as your (4 is not an option). I hope someone replies to this query.
Good luck.
May I request to post whatever you guys find here. I will do the same as well.
Thanks again.
 
Answers

waitforgc123 said:
Dear All,

My condition :
----------------------------
EB3
PD - July 2004
Labor and I140 Approved.
7 Years completed
I AM NOW on 3 YEARS H1 Extension after completing 7 years on H1.
----------------------------

I am currently working with Company A and I am planning to switch to Company B. My Labor was approved for Software engineer and if I join Company B I will be doing MARKETING. Company B is willing to transfer my H1 over and proceed with Eb2.

My Question was : Given that I have an H1 extension for 3 years based on my previous I140 approval with company A ...

1) Can I switch to Company B ? YES

2) Can I retain my PD ? YES

3) If Company A cancels my I140 immediately will it result in cacellation of my 3 Year H1 and nullify my transferred H1 to Company B? YES

4) Since the job offer is great and in a field that I like - I am willing to loose my PD. So do you guys think that I can start off on a fresh GC process on Eb2 using my current 3 year H1 extension, even if company A cancels my 140. CANCELLED OR NOT YOU NEED TO START FROM LABOR AGAIN

5) Basically the key question is : Is the 3 year H1 extension that I have contingent/dependent on my company A's I140. Or is the H1 extension independent and can be used just as any other normal H1 which can be transferred over no matter what.

THE PRIORITY DATE IS YOURS EVEN IF CANCELLED, BUT IF THE OLD I-140 IS REVOKED THE H1B GOES AWAY UNLESS THE NEW EMPLOYER STARTS THE PROCESS QUICKLY

I know that there are a lot of knowledgeable and experienced people on this forum. I would humbly request you to share your opinion and ideas for the people who are in the same boat as me.

Thanking you in advance and my sincere appreciation !!

Best regards
Waitforgc123
Click to expand...


GOOD LUCK..
 
H1 transfer when H1 extension is going on

Hi everyone,

I hope somebody on this forum will be able to help me with my question:

1 - I have an approved labor and I-140 with company A.
2 - My H1- b will expire in sep 2007 and company A will start the H1 extension process soon (I understand that I can get a 3 year extension)
3 - At this time, can I join another company B, and get a H1 B transfer done?


My options as I see it are: (please let me know which option is feasible)

1 - Wait till the 3 year extension is obtained from company A and then move to company B
2 - Move to company B prior to H1 extension is with a H1 transfer and have company B file for H1 extension with the approved old I-140
3 - Move to company B with H1 transfer while H1 extension is processed by company A ? Is this possible? Can H1 transfer be done when H1 extension is being processed?

4 - Is it possible to convert regular H1 extension application to premium processing once the process has started?

Thank you so much for your response!
 
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