H1B transfer while concurrently filed 140 and 485 are pending

M

moden

Registered Users (C)
Dear Forum members,
I would very much appreciate your suggestions on the following

I am on a cap-excepted H1B visa (initial 3 years) which expires in Feb 2007.
I have filed (self petition EB1 EA) concurrently 140, 485 and 765. While the 765 has been approved, 140 and 485 are pending. My questions are

1. Can another employer (university) file for the H1B transfer while the 140 and 485 are pending?
2. If answer to question 1 is NO, I can use my EAD to move to the new job. In this case, if my 140 and 485 are rejected at a later stage would the new employer file a H1B petition?


Thanks.
MODEN
 
I am on a cap-excepted H1B visa (initial 3 years) which expires in Feb 2007.
I have filed (self petition EB1 EA) concurrently 140, 485 and 765. While the 765 has been approved, 140 and 485 are pending. My questions are

1. Can another employer (university) file for the H1B transfer while the 140 and 485 are pending?

YES they can file........while GC is pending... since its extension...it won't come in cap...
 
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