H1B Transfers after 6 years.

[SB-2004]

H1B: 7th year. Labor approved, I-140 approved. I-485 cannot be filed due to retrogression.

Cosidering such a long waiting time due to retrogression,

Is it possible to TRANSFER H1B if the need be ?

 

[DalRanger]

I guess lot of us are in the same boat and everyone will stumble upon this question.

As far as the limited knowledge I have, I don't think it is possible, because as the general rule goes " A GC is restricted to per position per person/family per location per company" what this means is: A GC in an employment category is issued to a person and his dependants for a particular position located in a particular geographical location for a particular company.

On the other hand a person qualifies for a H1 7th yr extension only if he/she had applied for a GC labor on or before 365 days of the current H1 being subject to expiry.

Hence if you are willing to transfer from one company to other, then your current GC will become invalid and you do not qualify for an extension.

That said, there are several loopholes through which one can get away.

If anyone got an H1 transferred successfully after the regular 6yrs quota is completed please respond.

Thanks,
-DR.

 

[rs76]

DR,
while back on this thread there was some discussion about the 3 year extensions, i knew some one had got their 3 year extension approved after the 6 years based on the fact that
labor and 140 approved and 485 cannot be applied or cp cannot be processed based on non currrent PD.
according to the Yatesmemo the applicant qualifies for such an extension

/RS