LaborSeekar
Registered Users (C)
Hi willy_gc and others,
I missed the conference. I'm in the same situation. What did Rajeev say for this below questions posted by willy_gc?
22nd January 2007, 08:51 PM
willy_gc
Registered User Join Date: Jul 2005
Posts: 17
H1 B and GC transfer on 7th year extension
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I work as an employee of a consulting firm A with client B. Been working for the same client and consulting firm for couple of years and now the client wants to hire me. I have got my 3 year extension after completing 6 years on H1B as I have an approved I -140 with consulting firm A. I have not filed for I 485 as I belong to the retrogressed country.
My consulting company cancels H1B and I-140 when the employee leaves them and are not willing to make any exceptions.
1. Can I still transfer my H1B to a new employer and if yes how long will it be granted for.
2. Can I maintain my priority date when I file GC with the new employer.
3. If the cancellation of I -140 occurs ( not due to fraud but due to my employer wanting to cancel it) after the H1 transfer has been done to the new employee will the new H1 b be invalid when my current company cancels the H1B and I-140
4.What are the best options I have in this scenario and what should I be wary of
5. To transfer priority date to EB2 category from EB3 does the experience or qualifications required for EB2 have to be met as of the priority date.
For eg. If my priority date is Mar 2003 and my case was filed in EB3. Today I qualify for EB2 category as I have gained 5 years of experience.
If I transfer my green card to another company can I file for EB2 and transfer my priority date of Mar 2003 even if I did not have the 5 years of experience on Mar 2003 ?
I missed the conference. I'm in the same situation. What did Rajeev say for this below questions posted by willy_gc?
22nd January 2007, 08:51 PM
willy_gc
Registered User Join Date: Jul 2005
Posts: 17
H1 B and GC transfer on 7th year extension
-------------------
I work as an employee of a consulting firm A with client B. Been working for the same client and consulting firm for couple of years and now the client wants to hire me. I have got my 3 year extension after completing 6 years on H1B as I have an approved I -140 with consulting firm A. I have not filed for I 485 as I belong to the retrogressed country.
My consulting company cancels H1B and I-140 when the employee leaves them and are not willing to make any exceptions.
1. Can I still transfer my H1B to a new employer and if yes how long will it be granted for.
2. Can I maintain my priority date when I file GC with the new employer.
3. If the cancellation of I -140 occurs ( not due to fraud but due to my employer wanting to cancel it) after the H1 transfer has been done to the new employee will the new H1 b be invalid when my current company cancels the H1B and I-140
4.What are the best options I have in this scenario and what should I be wary of
5. To transfer priority date to EB2 category from EB3 does the experience or qualifications required for EB2 have to be met as of the priority date.
For eg. If my priority date is Mar 2003 and my case was filed in EB3. Today I qualify for EB2 category as I have gained 5 years of experience.
If I transfer my green card to another company can I file for EB2 and transfer my priority date of Mar 2003 even if I did not have the 5 years of experience on Mar 2003 ?