H1B transfer after 6 year period

global_1970

Registered Users (C)
Hi All,
I am working for company A. My Labor certification and I-140 approved with company A. I have completed 6 years period on current H1 and applied for 7th year extension based on I-140 approval notice with company A.

Now I got an offer from company B.

My question is can I accept offer from company B?
If yes, what happens to my approved I-140?
Can I transfer approved I-140 to company B?
If not, how can I get future H1 extensions?

Anyone had similar experience?

Please suggest to take a decision. Thanks in advance

-nani
 
Hi All,
I am working for company A. My Labor certification and I-140 approved with company A. I have completed 6 years period on current H1 and applied for 7th year extension based on I-140 approval notice with company A.
----------------did you got the H1 extension approved or pending?
Now I got an offer from company B.

My question is can I accept offer from company B?
--------------you can and new employer can file H1 transfer for you
If yes, what happens to my approved I-140?
-----------------that is upto your employer he can revoke it
Can I transfer approved I-140 to company B?
---------------NO
If not, how can I get future H1 extensions?
------------- if you have evidence of I-140 approval then you can get H1 extension based on I-140 approved, if the past employer revoke the I-140 then you cant get H1 extension on the base of I-140. your new employer has to file LC and LC may get approved in 60-80 days from filing date and then file second I-140 with premium process
Anyone had similar experience?

Please suggest to take a decision. Thanks in advance
---------------------You have to start the GC process from first step . if your present employer can help you and will not revoke the I-140 then you can file I-485 once PD for you is current. you did not post what is your PD (LC filing date) if I-140 is under EB3 or EB2
-nani

-----------
 
Quote:
Originally Posted by global_1970 View Post
Hi All,
I am working for company A. My Labor certification and I-140 approved with company A. I have completed 6 years period on current H1 and applied for 7th year extension based on I-140 approval notice with company A.
----------------did you got the H1 extension approved or pending?
====Pending

Now I got an offer from company B.

My question is can I accept offer from company B?
--------------you can and new employer can file H1 transfer for you
=======So, I will get future H1 Extensions based on I0140 approval from old employer.

If yes, what happens to my approved I-140?
-----------------that is upto your employer he can revoke it
Can I transfer approved I-140 to company B?
---------------NO
If not, how can I get future H1 extensions?
------------- if you have evidence of I-140 approval then you can get H1 extension based on I-140 approved, if the past employer revoke the I-140 then you cant get H1 extension on the base of I-140. your new employer has to file LC and LC may get approved in 60-80 days from filing date and then file second I-140 with premium process

========New employer will file for GC but LC can not be 365 days older of 6years period. Will it complicate my case in future?

Anyone had similar experience?

Please suggest to take a decision. Thanks in advance
---------------------You have to start the GC process from first step . if your present employer can help you and will not revoke the I-140 then you can file I-485 once PD for you is current. you did not post what is your PD (LC filing date) if I-140 is under EB3 or EB2

========PD is Jan 05. EB3 (long way to go :( )

-nani
-----------
 
Quote:
Originally Posted by global_1970 View Post
Hi All,
I am working for company A. My Labor certification and I-140 approved with company A. I have completed 6 years period on current H1 and applied for 7th year extension based on I-140 approval notice with company A.
----------------did you got the H1 extension approved or pending?
====Pending
----------------------------- if pending better join it after approval, you are eligible foe 3 years extension and may get 3 year H1 extension approved, if you need H1 extension fast then you can upgrate by through Premium processing (1000extra) and can get H1 approval in 15-20 days
Now I got an offer from company B.

My question is can I accept offer from company B?
--------------you can and new employer can file H1 transfer for you
=======So, I will get future H1 Extensions based on I0140 approval from old employer.

---------------------- NOW you will get 3 year H1 extension as you have I-140 approved for you( if the lawyer asked for 3 years and attached LCA for 3 years and asked for 3 years. if the employer revokes your I-140 on what base you will get extension? better to get H1 extension approved through Premium processing (that is filed by A) and then no need to inform A and let B file H1 transfer with premium processing and your H1 Transfer will be for 3 years ( as the I-140 will still be approved and not revoked) once the H1 Transfer gets approved then join new employer. if you get H1 Ext/ transfer approved for 3 years and later A revoke your I-140 then your H1 for 3 years is valid

If yes, what happens to my approved I-140?

-----------------that is upto your employer he can revoke it
Can I transfer approved I-140 to company B?
---------------NO
If not, how can I get future H1 extensions?
------------- if you have evidence of I-140 approval then you can get H1 extension based on I-140 approved, if the past employer revoke the I-140 then you cant get H1 extension on the base of I-140. your new employer has to file LC and LC may get approved in 60-80 days from filing date and then file second I-140 with premium process

========New employer will file for GC but LC can not be 365 days older of 6years period. Will it complicate my case in future?

-------------at this time LC trough PERM takes about 60 days from filing date+ count 30 days for advertising or lawyer time. if your employer/lawyer is good then he can file PERM LC and LC may be approved in 60-70 days. once LC gets approved then file I-140 with premium process and I-140 can be approved in 25-30 days. you can have LC+ I-140 in less than 6 months. FYI when file second I-140 let your lawyer know that in past I-140 was approved for you and he can recapture the early PD of approved I-140(provide him online print status or I-140 filing reciept copy or copy of I-140 approval notice
Anyone had similar experience?

Please suggest to take a decision. Thanks in advance
---------------------You have to start the GC process from first step . if your present employer can help you and will not revoke the I-140 then you can file I-485 once PD for you is current. you did not post what is your PD (LC filing date) if I-140 is under EB3 or EB2

========PD is Jan 05. EB3 (long way to go :( )

-nani
-----------
---------------
 
Need guidance!

My 6 years of H1 expires Sep 2008 so little over 1yr and 4 months left. I'm working as a pharmacist with CVS and now I want to change over to an independent desi pharmacy company(previously employed with them).CVS just filed a perm got approved yesterday. They also have a substituted one so my options are to file I140 with substituted labor date of 06/06 or with my own 03/07. I think i will choose the previous 06/06. Thinking of transfering over to desi company now after i have confirmation that I140 is filed and then using the approved I-140 date later.
Here's my question Cvs filed with EB3 and I will file EB2 with desi company can the I-140 priority date be still transfered?
 
My 6 years of H1 expires Sep 2008 so little over 1yr and 4 months left.

I'm working as a pharmacist with CVS and now I want to change over to an independent desi pharmacy company(previously employed with them).
------------- let new company file H1 transfer and once get H1 transfer filing reciept join new employer
CVS just filed a perm got approved yesterday. They also have a substituted one so my options are to file I140 with substituted labor date of 06/06 or with my own 03/07. I think i will choose the previous 06/06.
--------------------- file the I-140 ASAP. USCIS is going to stop substituted LC
Thinking of transfering over to desi company now after i have confirmation that I140 is filed and then using the approved I-140 date later.
---------------- you cant use the approved I-140 of CVS if you join new employer desi pharmacy company, you may be eligible to recapture PD of past I-140 when file second I-140 through Desi

Here's my question Cvs filed with EB3 and I will file EB2 with desi company can the I-140 priority date be still transfered?
-------------------YES( but with desi you have to start with new LC and then I-140)
----------------
 
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