H1b transfer with approved I-140 - when to give notice?

pata

Registered Users (C)
I am in my 6th year of H1b with employer A. Employer A has filed for GC and I have an approved I-140. My lawyers have confirmed that I am eligible for a 3-year H1b extension with any employer, based on the approved I-140 from employer A.

I have a job offer from employer B and they will file for H1b with premium processing in the next week or so. My question is: when should I give my 2 weeks notice to my current employer and start with employer B? Technically, I can start working for employer B as soon as USCIS receives their H1b petition. But is that taking a risk? What would happen if employer A revokes the I-140 while USCIS is still reviewing the H1b petition?

Also, my I-140 was approved in Jan 2013. Is there any rule that I have to wait for XXX time before requesting the visa transfer?

Thanks in advance!
 
Last edited by a moderator:
Hi pata,

I would wait for at least a week after premium filing. now a days premium processing takes between 3 to 15 days to adjudicate a case. I think you can file AC21 if you have offer ready from new employer even without H1 transfer receipt. You need your I-485 to be pending for at least 180 days in order to use AC21.
-zinfa
 
If employer A chooses to withdraw approved I-140, you are out of luck to file change of employer or extension of current H-1b with same employer
 
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