H1 7 yr. expiring : I-140 approved

V

vingup

New Member
My H1-B 7 years are expiring in June 2008.
( I got the 7th yr. extension in 2005 since my labor was 1 year old )

I have I-140 approved from my current employer. (approved Mar 2007)

1. Can my new employer do a H1-transfer ?
2. Will my labor cert. and I-140 be revoked.
3. Will my priority date (for I-485) remain the same if I am able to switch jobs

I have not yet filed for I-485

thanks much
-vinay
 
vingup said:
My H1-B 7 years are expiring in June 2008.
( I got the 7th yr. extension in 2005 since my labor was 1 year old )

I have I-140 approved from my current employer. (approved Mar 2007)

1. Can my new employer do a H1-transfer ?
2. Will my labor cert. and I-140 be revoked.
3. Will my priority date (for I-485) remain the same if I am able to switch jobs

I have not yet filed for I-485

thanks much
-vinay
Click to expand...

1. Technically, yes
2. Employer can revoke.
3. In general, yes. But if I-140 got revoked, it MIGHT be in trouble.
 
Thanks a lot GotPR.
Another question-
At this stage, if I were to take up a job in India will I be able to keep my
I-140(and hence LC) and priority date for I-485?

In the above situation, does I-140 get revoked automatically? If yes then starting when?
 
You can take up a job in India while maintaining the GC process (LC/I-140 etc). Please note in order to file I-485 you have to be physically in the U.S. on a valid temporary visa. Otherwise Consular Processing is the only option.
 
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