H1B transfer while H1B extension is pending for 7th year

[vishvin1224]

Hi,

I am planning to do a job change. Following is my current status

Labor and I140 approved with Company A(I have the copy of I-140 approval notice). Priority date is June-15-2010. Company A has filed my 7th year extension of H1B on Sep-2011. Based on the approved I-140 I will get a 3 year extension on my H1B. I have the receipt number of my H1B extension.

My question is If I change my job from Company A to B will there be a problem?

I have read from this forum that H1B tranfer can happen during waiting for H1B extension.

Once I change my job to Company B , I believe my GC processing will have to be restarted but I can keep my PD, right? Please let me know.

[Attorney_22]

Generally, it is possible to file an H1B change of employer petition while an H1B extension petition is pending. However, assuming your current I-94 has already expired, or will expire prior to the approval of your change of employer petition with company B, it is recommended to wait until the later filed change of employer petition is approved prior to beginning employment with company B while the extension petition with company A is still pending. Once employed with company B, if you do not intend to work for company A when the green card is approved, company B will need to start a new PERM process on your behalf. According to current USCIS practice, you will be entitled to the earlier PD as long as the I-140 is not revoked for cause. Please consult a qualified U.S. immigration attorney directly prior to making any decisions to be sure you are aware of all possibilities.