Green Card Process and H1b Transfer

[sekar05]

Hi All,

My current employer is ready to start my GC process (EB3), but I may have to transfer my H1 to a new employer by November 2012. Now my questions are:

After filing labor and if I-140 is cleared before Dec 2012, If i transfer my H1b to a new employer,

1. Should the new employer start my GC process again from the scratch (Labor, I-140 etc)?

2. Should the I-485 be applied by the current employer and wait for 180 days, before I transfer my H1 to a new employer, so that my priority date remains?

3. At what stage shall I apply for EAD? And at what stage shall I apply for my dependents?

Members / Senior members / Mods please clarify.

Thanks.

[sekar05]

Can some one please clarify my doubts?

[SameerH1Bworker]

1. Should the new employer start my GC process again from the scratch (Labor, I-140 etc)?

- Yes, new company has to start from scratch, starting from PWA, LC, I-140. However, you can retain your PD if your previous company's I-140 was approved.

2. Should the I-485 be applied by the current employer and wait for 180 days, before I transfer my H1 to a new employer, so that my priority date remains?

- I-485 can only be applied after your PD becomes current. Check above answer to retain PD.

3. At what stage shall I apply for EAD? And at what stage shall I apply for my dependents?

- EAD/AP can be applied with I-485 only when your PD is CURRENT.

[sekar05]

Thanks Sameer, for clarifying my questions.