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?
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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
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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
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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
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PD is Jan 05. EB3 (long way to go
)
-nani
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