Changing Jobs on H1b After I-140 Approval, but currently in India

[vaish123]

Hi,

 

I am currently in India, my I-140 is approved and I have Stamped H1B visa till Oct 2016.

 

1. Can I swtich to Company from India itself?

2. Is H1B transfer possible(approved) with I-140 containing name of old Company? As wont have NewI140 in case I start H1B Transfer immediately.

3. Do I need to go for stamping again?

4. How soon my new company should file for GC?

 

Thanks!

Vaishali

 

[pontevecchio]

How many years have you been in H1 status? Why are you not joining the company sponsoring your GC?

[vaish123]

I had spent 6 years in USA on H1B, in 6th Years Perm was filed.

We moved to India, then Perm got approved, I140 was approved, H1B was applied which is valid till Oct 2016.

I got stamping done as well.

 

Not happy with the current company so looking at switching jobs.

[pontevecchio]

1. You can certainly look for a suitable H1 sponsor from anywhere. Based on your approved non revoked I-140 you are entitled to 3 year extensions beyond the initial total of 6.

 

2. Yes.

 

3. You should be able to use the existing visa and the new H1 petition approval.

 

4. You will have the 3 year H1 extension period to work with.

[vaish123]

Thanks for the response!

 

One more question:

Currently I am in India, What if I resign from my current company and notice period is also over.

 

Can I still get H1B transfer which is approved till Oct 2016 after my employment with current company is over and not working for any other company?

[pontevecchio]

It will not be a "transfer". All other things being equal any new H1 sponsor can file a H1 petition for a maximum of 3 years from the time of approval. Of course your I-140 sponsor may revoke the I-140 and any new H1 petition for 3 years needs to be filed before any revocation. I suspect that even if revoked your approval till October, 16 can be the basis of a H1 petition valid till then filed by any company.

 

If the I-140 is revoked you will need to find another GC sponsor though you would retain the PD.

[vaish123]

So as I understand..

 

If I140 is not revoked by current employer, any company can file H1B for me and get 3 years extension. This is true even if I am not employed with a company currently and I am in India. Am I Right???

 

If I am in USA in a similar scenario then, I assume H1B Status would not be maintained. right???

[pontevecchio]

1. Yes.

2. The last sentence has no meaning to me. Maybe reframe the sentence?.

[vaish123]

Thanks! 

[vaish123]

Is there any site where I can check if H1B is revoked or not? 

[vel2018]

Hi Team,

My I-140 approved for employer A in USA. Right now i moved to india and working for employer B.  my priority date is not current. it takes another 3 years to be current.

my H1B stamping date is expired. i have another 3 years in 6 years max. but i dont think this will help me.

But the non revoked approved I-140 for employer A may help .  my current employer B has presence in USA AND INDIA.

Can i ask my current employer B to take over I-140 and move to USA. this helps lot of people  in my situation.

BR,

Vel