H1B 6 year expiring, I140 approved, EB3, change job OK?

J

jc2002

Registered Users (C)
My EB3 PERM filed 10/2005, I140 approved 05/2006. My H1B six year expires on 05/2007. Cannot file 485 as PD is not current.

Now if I change job now, what is the risk?

If I extend my H1B for another 3 years using the approved I140, then can I transfer H1B to a new company?

Thank you, thank you and thank you!!!
 
In my opinion, No, you cannot change your employer. One gets portability status only after getting past 6 months from applying 485.
You will risk losing your current LC and 140 and will have to start allover again if you change your employer.
Transfering H1 to the new company has nothing to do with this process. That is independent and can be done without any issues.

*I am not an attorney, this is truely my personal opinion*
 
thanks and I understand that

I understand that I will have to start all over again for the GC process. But is the 3 year H1B extension derived from the I140 approval transferable, assuming that I don't mind about starting all over again.
 
As long as the PD with the I-140 is not current, changing the employer should not be a problem since you can 3 year extensions.

I had a more interesting case. My I-140 was current and still was able to transfer the H1B to another employer for the same validity period (no new extension). Currently, I hold 3 year H1B valid until March 2009 and this is my 9th year on H1B.

Many lawyers say this may not happen again.
 
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