H1 Transfer after 7th year extension

M

mlekhala

Registered Users (C)
Hi Friends,

My 140 was approved in 2005 and filed 485 concurrently in Dec 04. I am moving to new employer now using AC21. I have a question though. I am still using my H1B and on 7th year extension now. I have 2 more years left on my H1 extension. I want to be on H1B even after I have moved to new employer. In order to transfer H1B, does my new employer need 140 approval notice?

Thanks in advance!

Lekhala
 
mlekhala said:
Hi Friends,

My 140 was approved in 2005 and filed 485 concurrently in Dec 04. I am moving to new employer now using AC21. I have a question though. I am still using my H1B and on 7th year extension now. I have 2 more years left on my H1 extension. I want to be on H1B even after

I have moved to new employer. In order to transfer H1B, does my new employer need 140 approval notice?
------------- No

if they ask you can provide the Copy of pending I-485 that is enough, if you have I-140 filing reciept copy or I-140 approval notice give that if you know the I-140 reciept# take the printout from USCIS online status.

Thanks in advance!

Lekhala
Click to expand...
 
Thank you so much Ginnu,

That helps. I was told by attorney that they need 140 approval notice in order to file H1B transfer since this is 7th year extension. He also told me that, there is no special benefit in transferring H1B because in the case of 485 denial H1B will also become invalid. Is that true?

I have read somewhere in this forum that these two are not interdependent, even if your 485 is denied (i am talking about worst case scenario) you can still stay on H1B status until it is valid. If 485 is denied the only draw back would be, you can not file for extension if you are approaching H1 expiration date. Isn't that is true?
 
ginnu said:
Originally Posted by mlekhala
Hi Friends,

My 140 was approved in 2005 and filed 485 concurrently in Dec 04. I am moving to new employer now using AC21. I have a question though. I am still using my H1B and on 7th year extension now. I have 2 more years left on my H1 extension. I want to be on H1B even after

I have moved to new employer. In order to transfer H1B, does my new employer need 140 approval notice?
------------- No

if they ask you can provide the Copy of pending I-485 that is enough, if you have I-140 filing reciept copy or I-140 approval notice give that if you know the I-140 reciept# take the printout from USCIS online status.

I do not have 140 approval notice or receipt copy but I do have 140 reciept #. Do you think this alone should be enough!

Thanks in advance!

Lekhala
Click to expand...
 
mlekhala said:
Thank you so much Ginnu,

That helps. I was told by attorney that they need 140 approval notice in order to file H1B transfer since this is 7th year extension. He also told me that, there is no special benefit in transferring H1B because in the case of 485 denial H1B will also become invalid. Is that true?
----------------employer or lawyer is giving wrong info. If H1 the extension that approved based on I-140 approval is valid then even if I-485 gets denied one is on valid H1 status but may not get FUTURE H1 extension. you are just filing H1 Transfer and they dont need I-140 approval copy, just provide the I-485 reciept copy (even that is not needed for H1 Transfer and needed only for H1 Extension)
I have read somewhere in this forum that these two are not interdependent, even if your 485 is denied (i am talking about worst case scenario)
you can still stay on H1B status until it is valid.
------------that is correct
If 485 is denied the only draw back would be, you can not file for extension if you are approaching H1 expiration date.
---------------Correct
Isn't that is true?
Click to expand...

you dont have good lawyer or your employer may not be intrested in filing H1 transfer (may be trying to save the filing fees) and they may be thinking that you have EAD and why not to join with EAD. If I am in your situation I will NOT join with EAD and ask them to file H1 transfer and for H1 transfer the lawyer must know that past employer will not give copy of I-140 approval.
 
ginnu said:
you dont have good lawyer or your employer may not be intrested in filing H1 transfer (may be trying to save the filing fees) and they may be thinking that you have EAD and why not to join with EAD. If I am in your situation I will NOT join with EAD and ask them to file H1 transfer and for H1 transfer the lawyer must know that past employer will not give copy of I-140 approval.
Click to expand...

Yeah. That is what I felt. I guess I should consult some other experienced attorney and use his services for filing H1B transfer.

Thank you so much for your valuable suggestions ginnu. I appreciate your comments in this regard.

Please give me any more suggetions if you have in mind that are useful to my situation.
 
mlekhala said:
Yeah. That is what I felt. I guess I should consult some other experienced attorney and use his services for filing H1B transfer.
------------- Employer may say that they take the services of company lawyer to file H1 and dont go through other lawyer (if you say you are paying the fees then they will agree) . you should also ask at this time for permanent job offer letter to invoke AC21 with same/similar duties becase again they/lawyer may create problems. be clear with them at this time and inform them that you asked other lawyer and he said I-140 approval copy is not need for H1 transfer, why your lawyer is insistiong, do you give I-140 approval notice to your Employees ? with A# on the Form I-129 USCIS knows what is approved and what is pending for applicant. if they dont agree find other employer.

Thank you so much for your valuable suggestions ginnu. I appreciate your comments in this regard.

Please give me any more suggetions if you have in mind that are useful to my situation.
Click to expand...
 
ginnu said:
Originally Posted by mlekhala
Yeah. That is what I felt. I guess I should consult some other experienced attorney and use his services for filing H1B transfer.
------------- Employer may say that they take the services of company lawyer to file H1 and dont go through other lawyer (if you say you are paying the fees then they will agree) . you should also ask at this time for permanent job offer letter to invoke AC21 with same/similar duties becase again they/lawyer may create problems. be clear with them at this time and inform them that you asked other lawyer and he said I-140 approval copy is not need for H1 transfer, why your lawyer is insistiong, do you give I-140 approval notice to your Employees ? with A# on the Form I-129 USCIS knows what is approved and what is pending for applicant. if they dont agree find other employer.

Thank you so much for your valuable suggestions ginnu. I appreciate your comments in this regard.

Please give me any more suggetions if you have in mind that are useful to my situation.
Click to expand...

hmm. thanks again.
 
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