Transferring H1B before getting I 140

[Niki Siri]

Hi,

Following are my case details:

 

I have 18 months left on my H1B and my H1B with current company is expiring in Dec 2017. Also, I have filed for my green card and I am expecting my I-140 to come this year end. Also, my last project has ended yesterday and my company is asking me to move offshore to India.

Now here is my query, Can I transfer my H1B to another company and if they agree to file my Green Card, will I still get my I-140 this year end?

[pontevecchio]

The I-140 is employer dependent and it is up to the company to revoke your I-140 or not.

[Niki Siri]

Let me put it another way:

 

Lets say if I transfer my H1B to another company and they file my green card within a month then how soon will I get my I-140 for that company? Will it have to go through standard procedure or will it take less time as I have already filed my PERM through old company for which my priority date is feb 2017?

[Ask@Murthy]

On ‎4‎/‎10‎/‎2017 at 5:17 PM, Niki Siri said:

Let me put it another way:

 

Lets say if I transfer my H1B to another company and they file my green card within a month then how soon will I get my I-140 for that company? Will it have to go through standard procedure or will it take less time as I have already filed my PERM through old company for which my priority date is feb 2017?

PERM and I140 process is same for every company.