PD current but changed job

S

smodekurti

New Member
Hi All,
I have a question regarding H1B transfer on re-hire. I would really appreciate a response as the earliest.

I worked for company A till Feb'07. I have an approved I140 (EB3 ) with them with a priority date of Feb '2002. I have changed my job to Company B using I140 portability as I am already in my 7th year. With the June visa bulletin, my date has become current and I have approached company A for re-hire and they were gracious enough to take me back. Unfortunately Company A has withdrawn my H1B immediately after I left them. The immigration attorney with Company A has indicated that they will have to do an H1B transfer and since they hold my I140, the transfer should not become a problem.

I want to know whether there will be any issues with my H1B transfer back to company A from B. Also will there be any issues with I485 filing since I have re-joined Company A with a 3 month gap.

I would really appreciate a response as I have to provide my acceptance of the offer in a day or two.
 
IMO, there should be no issues in your H1 transfer or 485 due to your joining back so soon.
BTW, what is "I140 portability"? Never heard of such a thing. I have heard about AC21 and retention of PD on new GC application based on previously approved I140. Is that what you are referring to as I140 portability?
 
I might have wrongly used the word I140 portability. I meant to say that I have transferred my H1B to the new company in my 7th year using approved 140. The new company while filing for my transfer used the 140 to claim 3 year extension.

Thanks
 
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