H1B - Transfer & Priority Date

#1
Hello Rajiv -
Can you advise my scenario:

I have an H-1B visa stamped from employer A, working as a contractor for Company B.

My H1B extension got approved last month and it's valid till 2021
I have approved i140 (EB2 / 2013)

Now Company B wants me to join as FTE, they are ready to file my H1B transfer. Immigration team informed me that they can keep my priority date, but they can
file only on EB3

Should I still consider taking the offer? or reject, stay with employer A
Could not able to decide.

Can you advise me?

Thanks
David
 

whitemimauz3

Registered Users (C)
#3
Direct client H-1B's are OK unlike consulting companies. Should you choose to go to employer B, find out from employer A whether they would be issuing you employment verification should EB2 priority date becomes current OR if employer B files under EB3 then you can have both categories, whichever priority date becomes available sooner you can file I-485. Priority date movement is little erratic these days between EB2 & EB3.
 
#4
Thanks for your reply, whitemimauz3.

You are saying that I can be in both categories EB2 & EB3 with same priority date? My assumption was when I join Employer B as FTE. Employer A has nothing to do with my EB2 (EB2 is dead). Correct me if I am wrong?

Can you elaborate on your answer little more? I want to be very clear on taking decisions.
 

whitemimauz3

Registered Users (C)
#5
Employer A can choose not to withdraw I-140 making way for you in future to file I-485 based on it. You can have both EB2 from employer A & EB3 from employer B. Priority date will be same b'coz you are accorded earliest priority date for any subsequent petitions as long as there was no fraud or misrepresentation involved.
 
#6
Thanks, whitemimauz3
Employer A will not withdraw my i-140 since it will be graceful exit and they have good relationships with me.

ok, say if I am joining Employer B & they file on EB3 (Employer A has not withdrawn my i140)
If my EB2 priority date comes first, can I file i-485 while I am with Employer B? or should I join back Employer A?

please apologize me for more questions
 

whitemimauz3

Registered Users (C)
#7
Yes you can file EB2 I-485 you previously has from employer A while being employed by employer B provided employer A has not withdrawn I-140 & probably USCIS might question whether employer A has proof of paying proffered wages from labor certification & continues.
 
#8
ok Great! Thanks for the huge clarification.
Employer A can't withdraw i-140 since it has crossed more than 180 days. It was approved in 2014.

As you mentioned I can have both EB2 & EB3 1-140 with same priority date.

As far as USCIS verification about my employment with Employer A (this should be positive since I had a very good relationship with them)

Should I get any type of experience letters, certificates from employer A? before leaving them.

Thanks much for your reply.
 

whitemimauz3

Registered Users (C)
#9
You don't need any experience letters. Watch out for future months visa bulletins. In whichever month your priority date becomes current you file I-485 based on that by including supplement J which needs to be signed by you & employer
 
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