H1B Transfer with I140 approval - 6 years completed and Got extension for 3 years - Company A to Compnay B

[bullemmai]

Hello,

I am on H1B. I completed my 6 years. I am on extension for 3 more years. I work one of the 5 big consulting firms. I got my I140 cleared and my seiority date is Jan,2009 in EB3. I asked for upgrade to EB2. So the policy doesn't allow the firm.

So i am planning to leave company and join another company. So what is the best process to proceed. I appreciate for the best advises soon. I got the interviews cleared. Legal process is required.

• Can i seek I140 transferred to new firm as future employee?
  
• At the same time, Do i need to transfer H1B too.
  
• I have my H1B validity till next year September.
  

Pl advise.

Thanks

Sekhar

[monk_09]

Hi Sekhar,

I am in the same boat with my I-140 approved under EB3 with my current employer. Again the company policy does not allow EB3 to EB2 conversion at the moment. I am in my H1B 3 year extension beyond the 6 year mark.

However I do have a new employer who is starting my new H1B filing. I am planning to move once I get my H1B petition approved. If you find anything about what can be done or not done, please post.

Thanks,

Raj

[uur]

Hey Sekhar

Interesting coincidence, I just posted a query and I am exactly in the same boat as you to the extent that my PD is Jan2009..I am much interested to know the answer to this puzzle. Thanks

[pontevecchio]

The I-140 cannot be transferred. You can retain the PD. You need to be in H1 status with the new firm. Do not hesitate to discuss the matter with a Law firm sooner rather than later.

[Ron K]

All,

I too am in same situation as "uur" and "bullemmai".

Monk_09 you have mentioned that you are in process of H1B transfer. Could you please advice if your new employer asked for approved i-140 of old/existing employer? Did you current employer share the i-140 document with you.

My current employer is not willing to share i-140 with me. New employer is saying they cannot transfer H1B unless I provide them copy of approved i-140 from current employer. So i am stuck and cannot change jobs and EB status.

Monk_09 Please share your experience with H1 Transfer.

Thanks in advance

[monk_09]

Monk_09 you have mentioned that you are in process of H1B transfer. Could you please advice if your new employer asked for approved i-140 of old/existing employer? Did you current employer share the i-140 document with you.

Monk_09 Please share your experience with H1 Transfer.

Thanks in advance

Hi RonK,

1. My current employer did provide me with the approval notice for I-140.

2. My new employer ask for a copy of my I-140 notice.

3. My H1 petition was filed last week under PP at VSC. I am still waiting for the result.

I am unsure how to change jobs without I-140 approval notice. That's for some one else to answer.

Raj