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plumberg

Some questions regarding H1B and I140

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Hello:
I am planning to switch to a new employer in the next couple of weeks.

Background:
H1B -> Same current employer since 2009. Renewed H1B multiple times (India and Canada). Spouse on H4 w EAD
Renewal -> Due Sept 2021 (both H1B and H4 and EAD)
I140 applied and approved in 2016

A couple of questions:
a. Is Premium Processing on H1B transfer still possible?
b. What should be the H1B start date for new employer?
c. When should the new employer file for I140? Is it a Transfer like H1B or a new application altogether? 
d. How long will the I140 application/ transfer take?
e. What can I do to ensure that new employer does go through with I140 processing? I mean should that be in the offer letter or similar?
f. When should I notify my current employer about my move?

Any help is appreciated.

Thank you in advanve

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Answers:

a. Yes 

b. You can start with new employer the moment USCIS receives your petition.

c. Your new employer can port the priority date from your previous I-140.

d. I-140 application is a series of steps ... final I-140 filing can be done in premium processing.

 

 

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a. Is Premium Processing on H1B transfer still possible? - YES
b. What should be the H1B start date for new employer?

It depends on your employer. If they can start you on receipt number then you can start as soon as you get receipt number. if they want you to start in h1B approval then you have to wait.

c. When should the new employer file for I140? This depends on your employer.

Is it a Transfer like H1B or a new application altogether? New application but your priority date can be ported.
d. How long will the I140 application/ transfer take? No timelines... give yourself min 6 to 9 months
 

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