123whoknows Posted July 9, 2018 Report Share Posted July 9, 2018 Hello, I had a question about transferring my H1-B and I-140/GC to my new company. I'm currently working for Company A, who is applying for my green card. My I-140 has been approved (Priority date of Oct 2015) and my current H1-B is extended based on my 140 being approved. I have completed 6 years already on H1 and the next 3 years is being extended on the approval of I-140. My new company B who has offered me a position, which is senior profile and also a bit different from my current profile. They will transfer my H1-B before I can start with them, however they can only start the green card process after a year which is company policy. My questions were : 1. Since my current H1-B is extended based on the 140 being approved, will that be impacted if my 140 will be withdrawn from my current employer A? 2. After a year that my green card processing starts, I understand the PERM process will need to happen from start. Will I be able to hold my Priority date of 2015 ? Or will I lose that to the green card process date of Company B ? Your help and expertise is appreciated, since this is one of the factors holding me back from accepting this position in Company B. Cheers! Link to comment
pontevecchio Posted July 9, 2018 Report Share Posted July 9, 2018 1. No as your I-140 has been pending more than 6 months. As per the new statutes, you are entitled to H1 extensions till the PD is current. 2. PD retention is and has always been possible. You will retain the PD. Link to comment
xTDx Posted July 9, 2018 Report Share Posted July 9, 2018 1 hour ago, 123whoknows said: 1. Since my current H1-B is extended based on the 140 being approved, will that be impacted if my 140 will be withdrawn from my current employer A? 2. After a year that my green card processing starts, I understand the PERM process will need to happen from start. Will I be able to hold my Priority date of 2015 ? Or will I lose that to the green card process date of Company B ? 1- Once H1b is approved for a validity period, it will stay valid if all the conditions are valid for the employment unless uscis revokes it for fraud or misrepresentation or something in those lines. i-140 withdrawal doesn't mean anything in general with respect to current valid H1b. 2- Yes, you can retain your priority date. Link to comment
123whoknows Posted July 10, 2018 Author Report Share Posted July 10, 2018 And #2 - Will I be able to retain my PD, even if my current employer Company A withdraws my Green Card application ? Link to comment
pontevecchio Posted July 10, 2018 Report Share Posted July 10, 2018 This has always been the case. PD Retention has always been the case. Link to comment
permaudit Posted August 27, 2018 Report Share Posted August 27, 2018 On 7/9/2018 at 1:38 PM, pontevecchio said: 1. No as your I-140 has been pending more than 6 months. As per the new statutes, you are entitled to H1 extensions till the PD is current. 2. PD retention is and has always been possible. You will retain the PD. @pontevecchio - If the I-140 is approved and is more the 180 days, but if I do not take up the employment with the employer. Will I still be able to retain that PD? Link to comment
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