DigitalNomad Posted October 24, 2020 Report Share Posted October 24, 2020 I have an approved I-140 from company A in EB2 category. However, I took up a new role at the same employer earlier this year and hadn't restarted my green card application yet. With the recent developments in Oct 2020, my priority date is current in EB3 category but not in EB2, the category in which I have an approved I-140. Unfortunately, I was laid off as my business was impacted by COVID-19, but I will have my payroll run through end of November. I have a potential job offer from a new employer, who is now telling me that I can't transfer my H1B since my priority date is current. They don't know that I was laid off, but I told them that I had switched my role earlier in the year, and my I-140 isn't valid for filing Status of Adjustment. Is this real that I can't transfer H1B if my priority date is current in EB3, though my approved I-140 was originally filed in EB2? Where is this rule stated, and does this apply even if priority date is actually not current for EB2, the category in which my I-140 approved? How do I convince my potential new employer to continue with my H1B transfer? Quote Link to comment
Zodiac System Posted October 28, 2020 Report Share Posted October 28, 2020 I think you should be able to transfer your H1b (but not sure). Check with an attorney. Quote Link to comment
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