H1B Extension Questions

E

extro1

New Member
Currently with Company A

F1->H1B - May'2005
Seeking H1B extn for the first time for 3 years.
Current H1 was valid till May 15, 2008.
I-94 expired on May 15th,2008.

Started GC processing with Company A:
PD - May'2007.
I-140 Approved - May'2008.
I-485/EAD - not yet applied.

Seeking H1B extn for the first time, for 3 years.
RFE answered by company attorney. It is past 60 days and case is still pending with Vermont Service Centre. My Company is under some trouble. Every second case is getting denial.

In this desperate situation can I apply for H1 Transfer to another company, at this stage?

In the worst scenario, where in I have to switch to a new company,What will happen to my current GC processing with existing company A? Can I port the PD/I-140 to new company?
 
1 -- you can file for a new H-1B with the new company (but not counted against the quota since you were counted earlier). This H-1B cannot be filed as a Nunc-Pro-Tunc petition because your employment with the new company did not start on or before May 15 2008, i.e., when your status expired. There is a strong likelihood that USCIS will not approve COS because you were not in valid non-immigrant status at the time of filing this new H-1B. Supposing your COS is not approved and also supposing that your current H-1B extension is denied, please be reminded that you would have started to accrue unlawful presence since your last I-94 expiry date. After that unlawful stay approached 180 days, you will not be allowed to reenter US for next 3 years.

2 -- what was the RFE about? Knowing details will at least help in estimating chances of approval appropriately. If your company as a petitioner is having problems with H-1s, the company itself is under scrutiny from a USCIS perspective. May be their ability to pay has been questionned in the past, may be some violations, could be anything

3 -- you can transfer I-140 to a new company (using AC21), if it was filed more than 180 days ago. In your case, you only mentioned the approval date, when was it filed?
 
I-140 transfer???

John - Please clarify whats transfering I-140 to new company(AC21)?
I thought AC 21 comes into picture only after filing 485.
If 140 is approved and 485 not filed, only the priority date can be ported provided the new job is same or similar to old job and still new labor and new 140 needs to be filed.
correct me if I am wrong?
 
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