Move H1B and I-140 to new company


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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 Since my current H1-B is extended based on the 140 being approved, will that be impacted if my 140 will be withdrawn from my current employer A?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!

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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 Since my current H1-B is extended based on the 140 being approved, will that be impacted if my 140 will be withdrawn from my current employer A?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. 

 

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  • 1 month later...
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?

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