H1 Transfer question- 7th Year - Approved I 140 and 3 Year Ext

[priya_k82]

Hello,

I have completed my 6 years of H1 on May-2011. Got the EB3 - I-140 approval and 3 years of Extension in April-2011 from Company A.

My questions:

1) Can I apply for H1 transfer to a Company B.(Do I need to wait for certain period after I-140 Approval date ?)

2) If my new company (B) files new labor, will I be able to retain my old priority date ?

3) Am I eligible for upgrading from EB 3 to EB 2 from Company B.

Thanks in advance.

[redgreenbluee]

please consult a lawyer.

yes, you file H1 transfer to company B and no waiting period required.

yes, you can port/retain old PD with an approved I-140.

EB category is based on job requirements and not your credentials only. if new permanent position for company B requires EB2 category and you qualify for it, it can be classified as EB2.

Originally posted by priya_k82:

Hello,

I have completed my 6 years of H1 on May-2011. Got the EB3 - I-140 approval and 3 years of Extension in April-2011 from Company A.

My questions:

1) Can I apply for H1 transfer to a Company B.(Do I need to wait for certain period after I-140 Approval date ?)

2) If my new company (B) files new labor, will I be able to retain my old priority date ?

3) Am I eligible for upgrading from EB 3 to EB 2 from Company B.

Thanks in advance.

[priya_k82]

Thanks for the information redgreenbluee.