EB3 to EB2 porting with new employer

[mksajina]

I have an EB3 green card application with my current employer. The priority date is 2011-June.I have my I140 approved (in 2012). I just got my H1b visa extented till 2017 October during my 7th year extention.

 

Now my current client is offering me a full time position. Their lawyer has evaluated my experience and qualification and told me that they can apply for green card in EB2 category.And port my EB3 priority date when time comes.

 

I am planning to take the new position with the client with the hope that they can port my current priority date with the EB3 application.

 

In this scenario.

 

1.When the h1b gets transferred from my old employer to new employer, based on the old I140, am I still eligible to get  3 years extension? 

 

2. Incase I do not get a 3 year extension after h1b trasfer, what will be my status if the new GC labour stage is not cleared before the new h1b expiration date?

 

3.Is there a situation when I could loose my old priority date in this scenario?.

 

4. Do you see any other risks?

 

[rahul412]

 

1.When the h1b gets transferred from my old employer to new employer, based on the old I140, am I still eligible to get  3 years extension? 

 

2. Incase I do not get a 3 year extension after h1b trasfer, what will be my status if the new GC labour stage is not cleared before the new h1b expiration date?

 

3.Is there a situation when I could loose my old priority date in this scenario?.

 

4. Do you see any other risks?

 

1. Yes

2. If your H1 transfer is rejected then you need to leave US and enter with new H1

3. No

[mahimanch5]

1.When the h1b gets transferred from my old employer to new employer, based on the old I140, am I still eligible to get  3 years extension? 

Yes, but this is only when and as long as your Old Employer I-140 is not withdrawn by your employer. I was in the same situation, my employer did not withdraw or revoke I-140

 

2. Incase I do not get a 3 year extension after h1b trasfer, what will be my status if the new GC labour stage is not cleared before the new h1b expiration date?

Same, as long as your Old Employer I-140 is not withdrawn by your employer, you will be able to get your H1B Extension further. and mean while you can get your EB2 labor filed

 

3.Is there a situation when I could loose my old priority date in this scenario?.

You would loose your priority date only in situations like your I-140 revoked by USCIS because of Fraud involved

 

4. Do you see any other risks?

Make sure your old employer I-140 is active and must not be withdrawn by your old employer. Also the job desc of the new labor that your going to file is some where close or matches with the Old employer labor. That would be better