Hello,
I am working for a company A and on 8th year of H1B ( current H1b is valid till 5/2017 and is based on approved 140 with PD 3/2011), I am planning to take a full time opportunity at a multinational client but they won't process my GC at least until an year but I was told that I will get 3 years of extension when I transfer my H1 now since I already have an approved i140. Below are my questions which might help me take a decision to accept/decline new offer.
- What happens if my current company revokes my i140 before new company starts my GC process or if I decide to leave before the new company starts my GC process ? Since I will have approval for 3 years from now through 2018, can I transfer my remaining 2 years to another company without having valid i140 (assuming current company revokes it immediately after I leave the company) or do I have to leave country?
- In case if I run into any PERM issues/delays with new company during GC process, what are my options (again assuming my existing i140 is revoked by current company)? If I have to go back to my home country and come back again on H1, will I be subject to cap?
- I read an article about i140 EAD could soon be a reality, if that becomes a law will that apply to me even if my current company revokes my i140? I am trying to understand if that amendment is purely going to be on approved 140 only or it might work even if I have revoked 140 along with 6 years completion of H1b? Basically, trying to weigh my options in case if that 140 EAD becomes a law before my new company applies for GC.
Thanks for your help in advance .
Sunny
I am working for a company A and on 8th year of H1B ( current H1b is valid till 5/2017 and is based on approved 140 with PD 3/2011), I am planning to take a full time opportunity at a multinational client but they won't process my GC at least until an year but I was told that I will get 3 years of extension when I transfer my H1 now since I already have an approved i140. Below are my questions which might help me take a decision to accept/decline new offer.
- What happens if my current company revokes my i140 before new company starts my GC process or if I decide to leave before the new company starts my GC process ? Since I will have approval for 3 years from now through 2018, can I transfer my remaining 2 years to another company without having valid i140 (assuming current company revokes it immediately after I leave the company) or do I have to leave country?
- In case if I run into any PERM issues/delays with new company during GC process, what are my options (again assuming my existing i140 is revoked by current company)? If I have to go back to my home country and come back again on H1, will I be subject to cap?
- I read an article about i140 EAD could soon be a reality, if that becomes a law will that apply to me even if my current company revokes my i140? I am trying to understand if that amendment is purely going to be on approved 140 only or it might work even if I have revoked 140 along with 6 years completion of H1b? Basically, trying to weigh my options in case if that 140 EAD becomes a law before my new company applies for GC.
Thanks for your help in advance .
Sunny