H1b transfer and extension, pending I -140

[drnishu]

Dear Forum members,

 

We have somewhat complex situation. This is regarding my spouse working on H1b, currently in her sixth year, ending November 2013.

 

She works for company X, PERM approved, I-140 pending for almost two years and her priority date is April 2011.

 

She got an offer for parmanent position with company Y. We really want this new job with company Y so we can stay together with our one year old. Unfortunately, I can not change my job as I am doing card fellowship.

 

What are her options here, keeping in mind that she needs to change employer with approved PERM, pending I-140. She needs to file extension beyond SIX year and at the same time needs to file for the change in employer as well.

 

And also, can company X continue to sponsor her GC? Needless to mention that her job description will remain the same.

 

What if company X does not want to cooperate and decides NOT to sponsor GC anymore as she is changing her employer?? Can PERM be revoked and is it possible that she might not even be eligible for 7th year extension?

 

We thank everyone for their input.

[omshiv]

One of my friend was in a similar situation like your spouse...he completed the 6th yrs on H1..his Labor was approved with a Desi consulting company but his I-140 was Pending for the last 2 yrs with no response from either USCIS or his Attorney. Recently he joined a company on FT and that company filed for his 3 yr extension based on the previous I-140 pending state.

 

In your case, Company X can keep the job offer or revoke your PD..but your new company can maintain the PD while applying for fresh GC.

[pontevecchio]

The pending I-140 lets her get one year H1 extensions with any employer. The H1 petition is always filed by the employer. Can X continue to sponsor her GC ? She needs to ask them. Once the One Year extension is approved ,it stays approved even were X to subsequently  withdraw the I-140. Usually companies do not revoke or withdraw the I-140. PERM has been approved and hence there is no question of revocation in the absence of fraud. I will give you my usual 2 cents. One always needs a Lawyer on retainer till the GC is on hand.

[omshiv]

Recently he joined a company on FT and that company filed for his 3 yr extension based on the previous I-140 pending state.

 

 

Im sorry, my friend got a 1 yr H1B extension and not 3 yrs.

[drnishu]

Thanks for the input.

 

we do understand that her current employer may or may not continue her GC process, if she decides to switch employer.

 

But the question is, if she leaves her employer what happens to approved PERM from the previous employer? and can USCIS deny I-140 because of the change in the employer?

 

similarly, can company X continue to support her GC (of course if they agree to do so) even though she changes her employer? Is it legally allowed?

[omshiv]

Company X can is allowed to support her GC as it is for Future employment. USCIS cannot deny I-140 if she changes the employer.