H1 expiring, I140 pending and new job offer

[neerajchauhan]

I work in an university on H1B. My 6th year on H1B expires on 05/31/09. My university sponsored me for GC in 2007 and the receipt date at TSC for I140 is 09/19/07. current processing date at TSC is 07/23/07. Meanwhile, I have accepted another job offer from another university. I have been told that i can not transfer my GC application to new employer because I140 is not yet approved. I am willing to file a new GC application. Is it possible for me to switch H1B to new employer? I also read somewhere that it may be problematic beacuse i have less than one year left on my H1B.

What options are available to me?

Thanks

 

[ginnu]

I work in an university on H1B. My 6th year on H1B expires on 05/31/09. My university sponsored me for GC in 2007 and the receipt date at TSC for I140 is 09/19/07. current processing date at TSC is 07/23/07.
Meanwhile, I have accepted another job offer from another university.
I have been told that i can not transfer my GC application to new employer because I140 is not yet approved.
---------------------------If the university that filed I-140 for you is not going to cancel the I-140 for you and it gets approved then you can use the PD of that I-140 in future.If the university is ready to give you Future permanent job offer then you can file I-485 with I-140 filing reciept and once I-485 is pending more than 180 days then you can use AC21(if new job is same/similar) I dont know why you did not file I-485 with your I-140
I am willing to file a new GC application. Is it possible for me to switch H1B to new employer?
------------Yes
I also read somewhere that it may be problematic beacuse i have less than one year left on my H1B.
------------------- was LC filed for you???
What options are available to me?

Thanks

------------------------

 

[neerajchauhan]

Thank you. I-485 and I-140 were filed concurrently in 07/2007. Both are pending at TSC. I have about 8 months left on my H1B (6th year) visa. Since my I-140 is not yet approved, my understanding is that, the only way for me to join new job if my H1 is transfered from current employer to new employer. Is it possible considering that i have only 8 months (less than one year rule)left. If yes how? I am sure my current employer will withdraw I-140 once i decide to switch job. What should i do? Any suggestion / idea.

Thanks

 

[ginnu]

Thank you.
I-485 and I-140 were filed concurrently in 07/2007.
-----------------------good
Both are pending at TSC. I have about 8 months left on my H1B (6th year) visa. Since my I-140 is not yet approved, my understanding is that, the only way for me to join new job if my H1 is transfered from current employer to new employer.

----Correct, join new employer with H1 transfer
Is it possible considering that i have only 8 months (less than one year rule)left. If yes how?
----let new employer file H1 transfer for you
I am sure my current employer will withdraw I-140 once i decide to switch job. What should i do? Any suggestion / idea.

-----------------what they will gain by withdrawing I-140?
Thanks

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