H1B Transfer

[syiru]

I am currently on H1B with my current employer A and i have my approved I-140 with them. I have offered by my Implementation partner to Join them(Company  B). But as per company B rules, they will initiate Perm and I-140 after one year. Since, i am with my current employer, i have following questions.

1. What if my current employer (Company A) revokes my labor and perm(I-140) after my H1 transfer is successful.

2. If so, when my New employer(Let us assume that my H-1 got transferred and approved with Company B) files for my labor and perm(I-140) even after my       Company A revokes my labor and perm, what PD will i be getting?

3. I stayed with my current employer for more than 1 year after my I 140 got approved. 
4. If my new employer does not file for my GC (Which they said they will initiate it after 1 year), can i shift to another company? If yes, can i get 3 years of visa again based on my previous revoked PD?

Thanks,

Iru

[User099]

1. You can still use you I140 with new employer till you PD is current

2. Your PD as per the I140 from old employer.

4. Yes, you will be able to apply for 3 years on the basis of the approved I140 from old employer which was approved for more than 180 days. 

[syiru]

Hi.. 

Kindly help me answering the below.

1. If my new employer is filing my H 1 transfer can they use my current I 140 number for filing? 

2. Currently i have a visa of 3 yrs till 2023. If the new company files my H 1 transfer  will i get visa for 3 years?

3. My H1B extension got approved recently with my current employer for 3 years till 2023 but my wife H4, H4 EAD is still under processing(Case status shows still received). In this condition, can i file for my H1 transfer and her H 4 transfer? ( As per my old H 1extension, my wife H 4 got approved till Sep 2020)

4. Currently i have a visa of 3 yrs till 2023. If my new employer rejects to use my I 140 number during the H 1 transfer and files my H1 transfer, will i get visa for 3 years?

Thanks,
Sandeep

[User099]

On 7/13/2020 at 4:52 PM, syiru said:

Hi.. 

Kindly help me answering the below.

1. If my new employer is filing my H 1 transfer can they use my current I 140 number for filing? 

2. Currently i have a visa of 3 yrs till 2023. If the new company files my H 1 transfer  will i get visa for 3 years?

3. My H1B extension got approved recently with my current employer for 3 years till 2023 but my wife H4, H4 EAD is still under processing(Case status shows still received). In this condition, can i file for my H1 transfer and her H 4 transfer? ( As per my old H 1extension, my wife H 4 got approved till Sep 2020)

4. Currently i have a visa of 3 yrs till 2023. If my new employer rejects to use my I 140 number during the H 1 transfer and files my H1 transfer, will i get visa for 3 years?

Thanks,
Sandeep

1. Yes.

2. Most likely yes. New employer should show that they have work for you for 3 years. Some employer only apply till the current end date of contract with client which can be less than 3 years.

3. If the H4 was recently filed and is approved, then no need to apply again with new employer. But make sure to keep track of the end dates of h4 and your new H1.

4. Why would they not want to use the I140?  They will use it if its available. 

[syiru]

Hello, 

Kindly help with the following.

1. I have my H -1 approved and is valid for 3 years till 2023.  I have filed for my wife H 4 and H4 EAD but the status is still received in USCIS website and her current H4 visa is valid till 30-Sep-2020. I received a full time offer but can i switch to the new employer with my wife's visa still being not approved?

2. If i switch to my new employer, should i re-apply for my wife's H4 and H4 EAD after 30-Sep-2020(In the grace period of her stay) as my H1 status will change after joining a new company

3. What are the possible ways to switch to a new employer with my wife's visa under process on my current H1?

Thanks,
 

Edited September 28, 2020 by syiru

[syiru]

Hello, 

Kindly help with the following.

1. I have my H -1 approved and is valid for 3 years till 2023.  I have filed for my wife H 4 and H4 EAD but the status is still received in USCIS website and her current H4 visa is valid till 30-Sep-2020. I received a full time offer but can i switch to the new employer with my wife's visa still being not approved?

2. If i switch to my new employer, should i re-apply for my wife's H4 and H4 EAD after 30-Sep-2020(In the grace period of her stay) as my H1 status will change after joining a new company

3. If i switch to new employer while my wife's visa is still in under process, will that affect my wife's visa status? In 2 days her grace period starts(Her visa is till 30-Sep-2020) and she can stay only up to 240 days. during my switch(My New employer applies for my H1 transfer) , can i apply for my wife's H4 along while my new employer transfer?

4.  What are the possible ways to switch to a new employer with my wife's visa under process on my current H1?