Need Advice. Employer change on H1 visa

[sr1n1k]

Folks, This question might have asked and answered many times. Still need the advice. Please help.

Currently working for Company A, who did the labour substitution back on 07 and my 140 got approved on Jan 08. Filed my AOS on August 07. Now iam thinking to join another company B. I'am on my 6th year of H1, i.e valid till Nov 09.

1) If I join the company B on H1B visa transfer, Do I need to file my Labour and 140 again with the Comp B?


2) As I have approved 140 from company A, if I do H1B transfer to company B, I should be eligible for 3 year extension. Is it TRUE?


Please reply guys. Thanks.

 

[vj66321]

1) If I join the company B on H1B visa transfer, Do I need to file my Labour and 140 again with the Comp B?.

Nope, you dont need to refile Labor and I-140 if your new job is same or similar to your job with company A. You must file a AC-21 to port your Green card from Company A to the new company B. The new company must give you a letter with your new job's responsibilities and required qualifications.

Read about AC 21 in this forum or on Google.

If the new job doesnt match with your company A's job, you will need new Labor and I-140.

2) As I have approved 140 from company A, if I do H1B transfer to company B, I should be eligible for 3 year extension. Is it TRUE?
.

Yes, you are eligible to get get a 3 year extension based on your approved I-140.

 

[sr1n1k]

Thanks VJ.

 

[Jackolantern]

Yes, you are eligible to get get a 3 year extension based on your approved I-140.

Not necessarily ... I think the 3-year extension is given only if your PD is not current. Otherwise you only get 1 year.

A few words about the H1 ... if you have an EAD, don't mention H1 until after you get the job offer. If you mention it before, some employers and recruiters get scared of visa paperwork, and when you don't get the job they won't necessarily tell you the reason. After you get a job offer, you can bring up the H1, and if they are uncomfortable with it you can go ahead and use your EAD instead (or look for another employer, if it is really important to you to keep your H1 status because you need to do something like bring in a spouse with H4).