What are my options?

GChopelost

Registered Users (C)
PD: June 2002
I140 approved
I485 not applied

I am on my 10th year on H1B. Current H1 visa valid till 2011 end. Below are my questions

1) If my job is terminated now then what are my options other then going back to my home country? Can I transfer my H1B to another company?
2) Current Bulletin shows PD as Jan 2002. Before me there are approximate 3000 applications pending. how may months it may take to get my PD current?

Please help me.

Thanks
 

ginnu

Registered Users (C)
PD: June 2002
EB3 or EB2??
Country of Birth??

I140 approved
I485 not applied

I am on my 10th year on H1B. Current H1 visa valid till 2011 end. Below are my questions

1) If my job is terminated now then what are my options other then going back to my home country? Can I transfer my H1B to another company?
------ If you feel that your job may be terminated then you can find new employer and let New employer file H1 Transfer. FYI H1 transfer can only be filed if your current I-94 has not expired and you have 2-3 Latest Pay stubs and New employer has real job for you. Regarding the I-485 if your past employer Revokes the I-140 then you will not be able to file I-485 based on that I-140 and have to start again from LC filing by new employer BUT you can recapture the PD of past Approved I-140. FYI I-140 many employer dont revoke approved I-140 and many do that. I-140 is not for H1 it is for GC that is future job. You can request your employer not to revoke the I-140 as it is not must from USCIS that employer must revoke the I-140.
2) Current Bulletin shows PD as Jan 2002. Before me there are approximate 3000 applications pending. how may months it may take to get my PD current?
------------------- I cant guess about Visa Bulletin in future or PD. I read on some site that for India PD may be moving only 1-2 weeks in future Visa Bulletins

Please help me.

Thanks
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Jackolantern

Registered Users (C)
I-485 not applied yet? Why didn't you apply during the Summer 2007 fiasco when it was all current? Was your labor certification still pending at that time?
 

GChopelost

Registered Users (C)
thanks for your reply

My category is EB3, India.

Yes my labor was pending at that time. They closed my file in August saying that they did not receive some documents. we resend them the document but by the time they open my file it was too late.

Few months back I have consulted one attorney and she said that since I am in my 10th year I cannot transfer my H1B to another employer unless I have EAD. is that true?
 
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ginnu

Registered Users (C)
thanks for your reply

My category is EB3, India.

Yes my labor was pending at that time. They closed my file in August saying that they did not receive some documents. we resend them the document but by the time they open my file it was too late.

Few months back I have consulted one attorney and she said that since I am in my 10th year I cannot transfer my H1B to another employer unless I have EAD. is that true?
---Not true.attorney gave you wrong info.
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justdoit

Registered Users (C)
your 140 is approved and labor was filed more than 1 year ago, so you are eligible for 3 yr H1B extensions (renewal or transfer)
 
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