H1-B on 9th Year I-140 approved - got 3yr ext - changing job

A

a_babu

Registered Users (C)
Hi!,

I have been working for company A for the past 8 years or so. Company A applied for my green card 2002 April, under EB3 category. Labor got cleared, and even I got the I-140 cleared, and eventually, had my H1 renewed in June 2006, which was extended for 3 years. I had been to India in Nov 2006, got the Visa stamping done, and the new Visa is valid until June 2009 (based on my new H1).

Now, my question is, my client (company B) is interested in taking me as a permanent employee. Company A does not have any problem with it. I want to know
a) is it possible for Company B to apply for a transfer of my H1.
b) if Yes, will my new H1 from company B be valid until June 2009?
c) Can I have company B apply labor for me through PERM, and later apply for I-140, then retain my priority date from the labor processed by Company A?

Thanks,
Babu
 
Mesage below

a_babu said:
Hi!,

I have been working for company A for the past 8 years or so. Company A applied for my green card 2002 April, under EB3 category. Labor got cleared, and even I got the I-140 cleared, and eventually, had my H1 renewed in June 2006, which was extended for 3 years. I had been to India in Nov 2006, got the Visa stamping done, and the new Visa is valid until June 2009 (based on my new H1).

Now, my question is, my client (company B) is interested in taking me as a permanent employee. Company A does not have any problem with it. I want to know
a) is it possible for Company B to apply for a transfer of my H1. Yes
b) if Yes, will my new H1 from company B be valid until June 2009? Yes
c) Can I have company B apply labor for me through PERM, and later apply for I-140, then retain my priority date from the labor processed by Company A? Yes
Thanks,
Babu
Click to expand...
 
Thanks! for the reply - one more question

Hi! gc,

Thanks! for your reply. Just one more question. Should the Company B have to apply for my H1 and then apply for PERM? or can i have company B directly apply for my labor through PERM in EB2 category? That way, if labor gets cleared, i could apply for I140, then retain my priority date applying for 485 and EAD simultaniously. Once i get EAD I could work with Company B directly using my EAD. Let me know if my understanding is wrong.

Thanks,
Babu
 
Just one suggestion, you have maintained your H1 so far, so try to maintain it untill you get your GC. No big deal in using EAD too but it is safe to be on H1 in case your 485 gets denied for any reason.
 
Thanks! Eric

Eric,

Thanks! for your reply. I have kept my fingers crossed and continued with Company A (my current Employer) for so long. But following are the problems I am facing:

1. My current employer has only 2 employees, and he covers only my health insurance. I am having to bear the health insurance for my wife and son, which comes to $900 a month.

2. Since I am an hourly consultant, am only paid for the hours of work I can bill to my client. Year 2006 was good for me, in that I could bill 2000+ hours for the whole year. But this year, things seemed to have slowed down. So, I am billing much less hours.

So, I thought, since my client is willing to take me as a permanant employee, in which case, I will get a monthly salary, no matter what my work load is, and also the cost of health insurance woule be less, since my client has around 25 employees, and has a much economical group insurance plan.

The only other option I see is, find a project for myself, with a better hourly rate, that way the cost of health insurance for my family is covered.

Thanks,
Babu
 
I can very well understand your situation. Provded that your current company does not have any problem and hopefully will not withdraw the 140, this is what I would suggest and from your previous post, looks like you are also thinking on same lines:
Ask your new employer (current client) to file a H1 txfr. Show the proof of approved 140 and you should be able to get H1 upto the current extension at least, if not more.
Then join them and ask them to apply for PERM and once PERM is approved then file for 140. See if you can get EB2 approved and then transfer the PD.
Try to stay on H1 all along.

Best of luck!
 
Thanks! again Eric

Eric,

I just followed the link to your case, and I felt so happy that you finally fot your 485 approved.

I wanted to know about UnitedNations. Is this person a lawyer? or a CPA? I was thinking of getting his help. Based on my experience so far with my company's attorney, and reading about your company's attorney, i strongly feel, my attorney would not completely support my idea.

Thanks,
Babu
 
a_babu said:
Eric,

I just followed the link to your case, and I felt so happy that you finally fot your 485 approved.

I wanted to know about UnitedNations. Is this person a lawyer? or a CPA? I was thinking of getting his help. Based on my experience so far with my company's attorney, and reading about your company's attorney, i strongly feel, my attorney would not completely support my idea.

Thanks,
Babu
Click to expand...

He is a CPA and he also deals with immigration matters. His contact email is in the following thread (page 177):
http://www.immigrationportal.com/showthread.php?t=137088&page=177
 
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