H1B Transfer with 1-140 (immigration) pending

D

DR_NM

New Member
HI,

I currently hold H1B with company X, and an immigration petition I-140 is pendig with company X.
I am sick of company X.

Can I transfer the current H1B to company Y and start the immigration process all over.

Thank you!
 
DR_NM said:
HI,

I currently hold H1B with company X, and an immigration petition I-140 is pendig with company X.
I am sick of company X.

Can I transfer the current H1B to company Y and start the immigration process all over.
------------------------YES, you can let the employer Y file H1 transfer once you get H1 transfer filing reciept join the new employer. (dont talk to X that you want to Transfer H1)
Thank you!
Click to expand...

I dont know when your I-140 was filed (it is taking 6-10 months for I-140 approval). If I-140 filed by X gets approved then you can port the PD when new employer file new I-140 for you and you will need to provide evidence of I-140 approval. if you have I-140 filing reciept then that is enough.
 
ginnu:

Thank you for the aswer.
It has been 1 month since I received a filing receipt for the I-140, so I guess at lest 6 more months waiting for approval for X. And that's for EB3.

I am going to try to transfer to Y and file for EB2.

LCA with X - using Master;
LC with X - using Baccallaureate (EB3);
LCA with Y - using Master;
LC with Y - hopefully Master (EB2).

Overall it might take less time waiting with Y than X, and working for Y would make me happier. :)

How does that scenario look like?

Thanks!!!
 
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