Unique Case: H1B transfer question. Please reply.

[rameshkumarpr]

Nationality: Indian

Jan'00-Aug'00 - Came to US very first time on H1B and worked for 8 months and left.

Jun'01- Came back to US on H1B with new employer.

Jul'04 - Company 'A' filed Labor under EB3 Category and I do have a copy of that approved labor cert.

Dec'06 - Joined company 'B'.

On Jun'07 - Finishing first 6 yrs on H1B.

Aug'07 - Company 'B' applied LC under EB2 and I don't have a copy of that LC.

Sep'08 - I-140 Approved with company 'B' and I do have a copy of the I-140 approval notice.

- Current visa is valid until Jan 2013 with Company 'B' and it is also stamped on my PP.

- On 19Oct, I got laid-off from Company 'B'. Will be on paid leave of absence from 19Oct thru 30Dec so will be on payroll until 30Dec.

- My PD to file I-485 is CURRENT right now but I got laid-off hence cannot file I-485.

- Company 'B' confirmed that they will NOT revoke my I-140 approval notice so that I can port my priority date with a new employer (Company 'C').

- On 31Dec, Company 'B' will notify USCIS stating I am no longer with them.

- Currently Company 'C' has offered a job (Systems Manager Position) and willing to do premium processing for H1B transfer.

My question is: Will Company 'C' be able to transfer H1B visa successfully? otherwise what are my options to join Company 'C'.

Please reply. Thanks in advance.

[rameshkumarpr]

Company 'C' is offering a full-time job (Systems Manager).

[my2239]

Since your priority date is current and you have a confirmation from employer b that they will not revoke I 140, you can risk applying for 485 based on the approved I 140

Please note that this will be a future employment based gc assuming that Company B will employ you once your get your gc

Your situation that company b laid you off and you are currently working with company c is almost certain to raise an RFE or NOID from USCIS

You can respond by providing documentary evidence from company b about their financial status and may be a letter from their HR saying they are willing to employ you when you get your GC

Meanwhile to make your case water tight, you may also ask company c to file a fresh labor, fresh I 140 and then file a fresh 485

This way all risk is minimized

[rameshkumarpr]

Thank you my2239.