Gurus Please help

[schakro]

Hello Guys,

My information:

----------------------

Citizen of India.

Category EB2

Priority Data: April 2010

I-140 approved

H1B 6th year expiring August 31st, 2012

I have got a better offer and am thinking of changing my employer now. I have a few questions related to that.

1. If I transfer my H1B to the new employer, will I also get a 3 year extension based on my current approved I-140? Or would I have to apply separately after the H1B transfer?

2. Does my new employer need to file for Labour Certification 365 days before the 6th year expiration date?

3. I dont have the I-140 approval papers with me and my current employer is refusing to share them. How can I confirm my Priority Date and what can I show/submit to USCIS to prove that my I-140 is approved?

4. Is there any chance of the dates getting current soon? Several experts have mentioned that there is a possibility of this happening. If I go for this new employer, is there a chance that the dates become current before my new I-140 gets approved? I wold then miss this opportunity and have to wait longer.

5. If my current employer revokes my current I-140, can I still port my old Priority Date to my new application?

Sorry for the long post.

Thanks in advance for your help and suggestions on this.

[shilpatalks]

1. I think you will have the H1 till Aug 31st 2012. But check with a lawyer

2. Not necessary. If they file the labor have the I-140 before Aug 2012 then you can get 3 yr extensions. Also, it is not possible for employer to file the labor 365 before Aug 2012, it is already late for that.

3. PD will be on the labor approval. Do you have that? I think you can use that to port the the PD but it depends on your employer. If they revoke it then you are out of luck.

4. Don't count on it. But if they do and you are able to port your PD then you should be fine.

5. No, you can't do much about it.