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san4u28

H1 transfer with I-140 Approved

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Hi,

I have my approved H1B with my current employer (working on Employer-Vendor-Client), but I am looking at an offer from a Company B(fulltime/Direct) and I have few questions

Labour and I-140 are approved.

1. How long does the H1B transfer take from initiation

2. When can i start working for Company B (I want to join ASAP)

3. Do i need to worry about my current employer cancelling my approved I-140.

4. Are there any precautions i need to take while moving to keep the Immigration stuff problem free.

5. My H1B is exipiring in Oct-2013 so when my new employer files for H1B transfer can they request for extension or should i be doing again around Apr-2013(within 6 months of exipring)

I appreciate your feedback.

Regards,

San

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It is not clear from your description whether you are eligible for AC21 portability, and I guess that would be somewhat important in your case...

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I guess I am confused between AC21 portability and Priority date portability??

I have my LCA and I-140 approved and am looking for moving to a new employer, so my concern was if my old priority date can be ported to the new LCA and I-140 which will be applied.

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AC21 portability allows you to port a green card case (port I-140 to be exact) from one employer to another (i.e. the new employer does not have to file I-140, but becomes your sponsor) if your I-485 has been pending for 180 days and your new job is in a similar profession. I-140 also needs to be approved/approvable.

There is no such thing as PD portability. PD can be retained, but there is really nothing to "port" there. It can be reused for a new immigrant petition if the old petition was approved and never revoked for a cause (like, misrepresentation, or being approved in error). Simply withdrawing I-140 because you no longer have the job offer from the sponsor does not do anything to the PD, and it can still be retained.

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Thanks Belle, for clarifying that.

I am looking at retaining my PD once I start FT with a new employer with New LCA and I-140. So as you mentioned even if my old employer withdraws my existing I-140 just because I dont work there, I would not have to worry as I can still retain the old date. however do I need any documenttation from my previous employer about my i-140 approval or can I just give my USCIS application number to my new employer?

Also how long does the H1 transfer take and can I file for extension(H1 expires 09/13) along with transfer ?

Thank you for the info

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Ideally, you would need a copy of I-140 approval notice. Alternatively, you can get any document with the I-140 receipt number or just find out what A number was assigned to you. Generally, I-140 receipt number would be enough. If you don't have details on the I-140 petition, you can get them through an FOIA request using your A number.

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