Labor approved, H1B extension filed, change employers

C

clcc

New Member
Hello,

I have recently completed 6 yrs on my H1B. Since my company started my GC processing a few months back, I've had my Labor approved with a priority date of Feb 06. As such upon expiration of my last H1B I was able to file for an extension on which is now approved through Jun 09.

I may be getting a great opportunity at another company (similar field, but much higher position with huge salary increase at a Executive Mgmt level). If I switch from my present employer will I be able to still transfer my H1B to the new employer through Jun 09? Or since I have completed 6 yrs on my H1, I will not get an extension with the new employer?

Reading your forum, I found out that this can be done provided my current employer does NOT revoke the I-140 petition. Is this correct?

Further more in one of the PDF documents on the forum, I read that the INS will not grant this transfer if there is a huge discrepancy in 'wages' between current and new employer. With my new job prospects I may have almost a 50% base salary raise and another 25% in bonus increments. Is the salary hike going to create any complications in me getting my H1B transferred and/or keeping my current priority date if the current employer does not revoke my application?

I need some guidance here please. I dont want to commit to the new employer and jeopardize my current job and visa situation. Any advise is sincerely appreciated.
 
clcc said:
Reading your forum, I found out that this can be done provided my current employer does NOT revoke the I-140 petition. Is this correct?
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Provided I-140 or LC(whichever you 7th year H1B is depending on) are not withdrawn, or substituted to someone else.
Further more in one of the PDF documents on the forum, I read that the INS will not grant this transfer if there is a huge discrepancy in 'wages' between current and new employer.
Click to expand...
Please point us to the pdf document.
Transfer is actually new employment petition and if your salary is more than prevailing wage for that job, I believe it should not be denied. And when salary increases, it is on safer side.
Anyway, please present the PDF you are referring to.
 
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Thanks for your reply. Just to get this clarified, are you saying that my current emploeyr can substitute my I-140 to another employee (that they hire in my place)?

In short, if I request my current employer to not revoike my I-140 and/or NOT substitute me with another Indian candidate requiring a GC (if possible), then I could be safe in transeferring my H1 B to the new employer and still maintain my current priority date.

Plz see the attached PDF file that I was referring to.
 
No, they can not substitute I-140, but they can do it with LC. Substitution of LC to another person will harm your ability to extend H1 if your H1 was dependent on LC.

I read pdf breifly. Are you talking about question 3 and 5 ?
These are Q&A determining whether your new job duty is the same or similar to be qualified to AC21 I-140 portability rule. Nothing to do with H1 transfer.
If you are going to file new LC and I-140 with new employer, the difference in salary should not be a problem.
 
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Substitution of LC to another person will harm your ability to extend H1 if your H1 was dependent on LC.

but the H1 remains valid for the duration that it was granted for?
 
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