I-140 Approved and Changing the job

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newgcasp

Registered Users (C)
Experts on this forum, I know this topic is been discuss over and over again. But I just want to know if there is any caveat with this.

I am working with Company A, I have EB3 labor with Feb 2002 priority date and a approved I140. Now I have a good offer from Company B and they are ready to sponsor my GC. Here are my questions

1. This is my 8th year on H1B, will there be any problem transferring/switching H1B from Company A to B?
2. I know this we can port the priority date from Company A EB3 to Company B EB2, when i get the labor approved and it is independent of job positions, is that true?
3. Any precautions that you guys think that i should take?

Thanks for you sincere advice
 
newgcasp said:
Experts on this forum, I know this topic is been discuss over and over again. But I just want to know if there is any caveat with this.

I am working with Company A, I have EB3 labor with Feb 2002 priority date and a approved I140. Now I have a good offer from Company B and they are ready to sponsor my GC. Here are my questions

1. This is my 8th year on H1B, will there be any problem transferring/switching H1B from Company A to B?
You can get H1 for 3 years if your PD is not current and I-485 is not filed.

2. I know this we can port the priority date from Company A EB3 to Company B EB2, when i get the labor approved and it is independent of job positions, is that true?
You need I-140 approved from Company B for PD transfer. Job Position does not matter. There is a risk of losing PD, if I-140 is revoked/withdrawn by Company A. Please check details with your lawyer/attorney.

3. Any precautions that you guys think that i should take?

Thanks for you sincere advice
Click to expand...

Good Luck. I wish you all the best.
 
The question here is........
(i) if the I-140 is approved prior to 365 days, will company A still be able to revoke ?
(ii) Can company B file H1(6 year H1 is finished, and one is on the next 3 year after 6 years), even though the existing H1 is still valid for next 3 years based on I-140 approval and cannot file I-485 because of PD not current?
(iii) Can one be able to use the H1B or say transfer H1B from A to B ? with this 3 year(added after 6th year finished) after 6 year in H1.
(iv) Can company B file a new H1 based on company A's H1 or what should be the H1 for ?(as H1 cannot be more than 6 years, it is more than 6 years here because one cannot file I-485 and asking extensions in 3 years term).Basically, if one utilized his/her 6 years in H1 and wants a new H1 be activated, I thought one has to be out of country for 1 year and apply second six years.
(v) Not sure if this is correct "Is not it true that if one's I-140 is approved and one cannot file I-485 based on PD not being current(retrogressed), that the beneficiary is the sole owner of the I-140 after 180 days passed waiting to file I-485 ? (If so, the question of revoke would have disappeared if one can wait 6 months after I-140 approval and before switching A to B).

Thanks guys........its just here and there passing times with different switch and gear at times.
 
Last edited by a moderator:
bill_daju said:
The question here is........
(i) if the I-140 is approved prior to 365 days, will company A still be able to revoke ?
What does number of days has to do with I-140 being revoked. Employer can request for I-140 withdrawal any time until I-485 is approved.
(ii) Can company B file H1(6 year H1 is finished, and one is on the next 3 year after 6 years), even though the existing H1 is still valid for next 3 years based on I-140 approval and cannot file I-485 because of PD not current?
Yes.
(iii) Can one be able to use the H1B or say transfer H1B from A to B ? with this 3 year(added after 6th year finished) after 6 year in H1.
Yes.
(iv) Can company B file a new H1 based on company A's H1 or what should be the H1 for ?(as H1 cannot be more than 6 years, it is more than 6 years here because one cannot file I-485 and asking extensions in 3 years term).Basically, if one utilized his/her 6 years in H1 and wants a new H1 be activated, I thought one has to be out of country for 1 year and apply second six years.
See reply for iii above.
(v) Not sure if this is correct "Is not it true that if one's I-140 is approved and one cannot file I-485 based on PD not being current(retrogressed), that the beneficiary is the sole owner of the I-140 after 180 days passed waiting to file I-485 ? (If so, the question of revoke would have disappeared if one can wait 6 months after I-140 approval and before switching A to B).
AC-21 can be invoked only after I-180 days after I-485 is filed.

Thanks guys........its just here and there passing times with different switch and gear at times.
Click to expand...

Good Luck.
 
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