Hi,
I have been working for company X on an H1-B.
* They filed for an EB-3 Labor Certification (RIR) and I-140 with a priority date of April 2003 on my behalf.
* My H1-B expired in March 2006 and they filed for a 3-year extension, which was approved (till March 2009).
* In the meantime, both my Labor and I-140 were approved. I had been waiting to apply for my I-485 since then.
* Now, I'm switching employers (because of a RIF in company X) to company Y, who were working on making me an offer. I am currently on company X's payroll till July 7.
* However, company Y's legal department came back saying that they cannot apply for an H1-B transfer because the current law doesn't allow transfers from an H1-B extension (after the original 6-year H1-B has expired).
Could somebody advise me if this is really true? If so, is there a way out?
-- Vikram
I have been working for company X on an H1-B.
* They filed for an EB-3 Labor Certification (RIR) and I-140 with a priority date of April 2003 on my behalf.
* My H1-B expired in March 2006 and they filed for a 3-year extension, which was approved (till March 2009).
* In the meantime, both my Labor and I-140 were approved. I had been waiting to apply for my I-485 since then.
* Now, I'm switching employers (because of a RIF in company X) to company Y, who were working on making me an offer. I am currently on company X's payroll till July 7.
* However, company Y's legal department came back saying that they cannot apply for an H1-B transfer because the current law doesn't allow transfers from an H1-B extension (after the original 6-year H1-B has expired).
Could somebody advise me if this is really true? If so, is there a way out?
-- Vikram