H1 Transfer after 8 Years - Please advise...

[GC_Govinda]

I am an EB3 India guy with a PD of Sept 24th 2002. Came to US in Nov 1997.
Started my GC process earlier, but got laid off and so on and so forth, but
now my PD is Sept 24th 2002 - have my 140 approved and filed for my 485 and waiting for the visa numbers to be available.

I couldn't file for my Wife's 485 and as such got a 3 year H1-B extension for both of us until Sept 30 2008.

I want to shift to a new company.
Can I transfer to a new Company using H1-B transfer ? Now that I got a 3 year extension because of the approved I-140 from my previous company, should I have a new I-140 with the new company ?

Another question is what are the option of converting it to EB2 and retaining the old PD ?

Gurus...Please advise.

Thanks.

 

[vijay0101]

8 Year H1B Transfer

Yes You can join the new company and get the H1B transfer.

yes as far as I know you have to have a new Labor, New I-140 etc. Your old I-140 is just helping you to keeep the Old priority date.


But I recomond you to consutlan attorney.