H1B 221g - Transfer options

[jo221g]

I am an H1B employeee working for Company A on EVC model.My employer had filed for GC which is I-140 approved also got extension for 3 years based on I140

Last year june 2011 i went for visa stamping, was issued 221g bule chennai - asking for client , contract letter, paystubs etc.

I submitted all the documents on october, within 2 weeks I got response (modified 221g) from consulate asking to Amend the H1B petition for client work.

My employer A after consulting attorny submitted petition to ammend the petition and extension for another 3 years in consular processing.

H1 amendment Petition was filed on premuium processing, was approved on Nov 2011.

I submitted all the documnts by dec first week ...and waiting till now for a response.

My GC PD is current this month, I am told that I CANNOT apply for 485 now since I am in India, I have to be in US to file.During the filing of I140, attorney had mentioned that Adustment of status will be done in US. To file for cosular processing we need to file I824, which will take another 1 - 1.5 year for approval.

Since 8 months i have been working remotely from India and have all the US pay stubs till now

My question is

1) Will I be able to transfer my H1 to the client or any other company. since the amended petition is filed for consular processing is there any limitation.

2) Is there 1 year deadline for returning back to US in case of H1.

3) What are the other options to return to US so that I can file 1485 and get EAD.

I would greatly appreciate your response.

[h1baffrimation]

I am not a attorney but as far as I know

1. You can do a H1b transfer based on you approved I-140. You will get a 3 yr extension (I have done this my self). You dont need paystubs too as you are out of country (US)

2. There is no deadline, but I-797 should not have expired. One of my friend did that he had petition approved and he travelled after 2 yrs. In the visa interview he mentioned that petitioner had asked me not to come due to non-availablity of funds/recession and since now funds are available I am going.

3. You can do H1B transfer and then you get time (3yrs) and if ur new employer also files for your GC you can retain ur priority date provided ur prev employer has not revoked your I-140 and probably they wont as it is expense for them and revocation requests take a lot of time as they re done at lowest priority

As far as consulor processing goes your attorney is either not well informed or he is fooling you. You can use Attorney Certified I-140 and apply at consulate in india which essentially means after you get your I-824 reciept notice you can use notice and you approved I-140 to apply for immigrant visa at consulate. Make sure your consulate entertains AC I-140. New delhi for sure does it. You would need a valid offer letter from Company A which mentions ur EB2 wages and position offered.

[jo221g]

@h1baffrimation ..Thanks for your response.

I will further enquire with my employer regarding AC140 option.