Employer issue with H1 B 6th year transfer

M

mk_dan

New Member
My brother has accepted an offer from a potential employer. Now when they are doing his H1-B paperwork, they are saying they may not be able to move forward as my brother has an approved I-140 and is in his 7th year H1-B ext. His H1 is valid till Mar 2013. Their legal dept is quoted as saying "they can only transfer H1 candidates with 2 full years of H1 remaining in original 6 years" by the HR? Is there really a legal issue here? My bro's I-140 was approved 1.5yrs ago and has not yet filed I-485 as priority date isn't current. He was hoping to switch employers for career prospects, does employer have a valid reason or case here to say so? What would you advice?
 
Hi,
did you ever get any response to this from anyone or any help externally? I am in a similar position and looking to change my job after 6 yrs of H1b and 140 approved. My I485 is not yet approved and have no EAD.
Please advice

Thanks,
Rishi
 
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