H1 transfer in 7 year after the labor certified

K

knk_hyd

Registered Users (C)
Hi,
Not sure if similar question was asked before.


1. Currently in my 7th year (completing in May 2007).
2. Current Company has already filed for 8th year extension in Dec 2006, but still waiting for approval.
3. Got by labor certified (checked online) through Philadelphia BEC last week (Feb 2nd - still waiting for letter) with the PD of Jan 2005.
4. Haven't filed for I140 yet.

I have no issues with the current company but Company 'B' (present client, good one) is willing to file for my H1B. As the approved labor was filed in EB3 category and based on the current retrogressed dates for 485 (May 2001). Not sure how many more years it would take for me to be eligible to file 485.

Since joining company ‘B’ will be very good for my carrier, hence I am very keen to join them.


Following are my questions
1. Can I change employers at this stage?

2. If so what should Company 'B' do to file for H1B?
Can they file labor via PERM and than I140? If both labor and I140 are certified by May 2008 (which seems to be possible looking ate current trend) can they file for 3 years extension.

3. Can I still maintain my priority date of Jan 2005 (current approved labor)?

4. Will there be any issues during visa revalidation in India with just 2 months valid on my current H1. Not sure if I would recieve the 8th year extension approval before I leave (planning to go in first week for March).

Please advice. Greatly appreciated.

Regards
 
knk_hyd said:
Hi,
Not sure if similar question was asked before.


1. Currently in my 7th year (completing in May 2007).
2. Current Company has already filed for 8th year extension in Dec 2006, but still waiting for approval.
3. Got by labor certified (checked online) through Philadelphia BEC last week (Feb 2nd - still waiting for letter) with the PD of Jan 2005.
4. Haven't filed for I140 yet.

I have no issues with the current company but Company 'B' (present client, good one) is willing to file for my H1B. As the approved labor was filed in EB3 category and based on the current retrogressed dates for 485 (May 2001). Not sure how many more years it would take for me to be eligible to file 485.

Since joining company ‘B’ will be very good for my carrier, hence I am very keen to join them.


Following are my questions
1. Can I change employers at this stage?

2. If so what should Company 'B' do to file for H1B?
Can they file labor via PERM and than I140? If both labor and I140 are certified by May 2008 (which seems to be possible looking ate current trend) can they file for 3 years extension.

3. Can I still maintain my priority date of Jan 2005 (current approved labor)?

4. Will there be any issues during visa revalidation in India with just 2 months valid on my current H1. Not sure if I would recieve the 8th year extension approval before I leave (planning to go in first week for March).

Please advice. Greatly appreciated.

Regards
Click to expand...
Yes, you can change and have company B file perm and I-140 and if approved before May 2008 (very likely) you can file for 3 yr extension.
But you cannot transfer old PD unless you have an approved I-140 from Company A, AND they dont revoke it after you transfer to Company B.

No idea about revalidation
 
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