Jump to content
All posts are moderated, so it will take time for your post to appear!
Search In
  • More options...
Find results that contain...
Find results in...
123whoknows

Move H1B and I-140 to new company

Recommended Posts

Hello,

I had a question about transferring my H1-B and I-140/GC to my new company. I'm currently working for Company A, who is applying for my green card. My I-140 has been approved (Priority date of Oct 2015) and my current H1-B is extended based on my 140 being approved. I have completed 6 years already on H1 and the next 3 years is being extended on the approval of I-140.

My new company B who has offered me a position, which is senior profile and also a bit different from my current profile. They will transfer my H1-B before I can start with them, however they can only start the green card process after a year which is company policy.

My questions were :

1. Since my current H1-B is extended based on the 140 being approved, will that be impacted if my 140 will be withdrawn from my current employer A?

2. After a year that my green card processing starts, I understand the PERM process will need to happen from start. Will I be able to hold my Priority date of 2015 ? Or will I lose that to the green card process date of Company B ?

Your help and expertise is appreciated, since this is one of the factors holding me back from accepting this position in Company B.

Cheers!

Share this post


Link to post

1. No as your I-140 has been pending more than 6 months. As per the new statutes, you are entitled to H1 extensions till the PD is current.

2. PD retention is and has always been possible. You will retain the PD.

Share this post


Link to post
1 hour ago, 123whoknows said:

1. Since my current H1-B is extended based on the 140 being approved, will that be impacted if my 140 will be withdrawn from my current employer A?

2. After a year that my green card processing starts, I understand the PERM process will need to happen from start. Will I be able to hold my Priority date of 2015 ? Or will I lose that to the green card process date of Company B ?

1- Once H1b is approved for a validity period, it will stay valid if all the conditions are valid for the employment unless uscis revokes it for fraud or misrepresentation or something in those lines. i-140 withdrawal doesn't mean anything in general with respect to current valid H1b. 

2- Yes, you can retain your priority date. 

 

Share this post


Link to post

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
×