I140 in AAO, is changing employer possible?

fromafar

Registered Users (C)
#1
Hi all

I'm in my 8th year extension of H1B. My Labour is approved but I140 was denied a while back (education) and is in AAO (actually got back to USCIS from AAO in May, but no further details are available). My current H1B is valid till Jan 07. I can do premium processing of H1B extension in July. Once I get that extension can I transfer both current and extended H1B to a new employer? Is it at all possible for the new employer to extend the H1B for me, based on the wait time for Labour from my current employer (took about 2.5 years)?

I understand I will need to start GC process all over again, but I'll be able to get EB2 with the new employer. Thus the main problem is with extending H1B as long as needed.

thanks
 

fromafar

Registered Users (C)
#2
Fyi, from a lawyer:

The safest route is for the new company to file two H1B transfers, to get more than just a year on H1B with the new employer:

1. For future employment, job A, starting 6 months from the date the transfer is filed.
2. Once 1 comes through, for immediate employment, job B.

Thus H1B from 2. will be valid for a year and the one from 1. will add another 6 months, minus time to wait for both transfers to come through. Job A and B should be different, but should have about 90% of job duties in common.

Also, I found out I cannot get into EB2, even though I have some 8 - 9 years of work experience. That's because one has to have a degree from single source (one institution) in order to qualify. Thus mixing and matching classes to get equivalent of a degree does not work.

To answer the exact questions I asked: it is not certain if one can transfer an H1B extension to the new employer. It is not possible for new company to extend H1B, based on Labour from a previous company.

hope this info helps others
 
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