H1B transfer, 6th Year in US


getu1010

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My company A had filed for my Labor application in 2009 under Eb3 india category and my 140 is approved. I am on L1b 5th year and got H1 approved valid until 2013 October , starting frpm Oct 2012.

I Have got an offer with my client who may file Perm as soon i join them.

1. Will I be able to switch to another company B before this October, do i need to wait certain period before Emp B initiates H1B Transfer?

2. If possible, Can I still use my old PD? Will there be any issues with my portability? i don't have approved labor or I-140 with me, but i do have 140 EAC number.

3. will there be any legal issues with transfer/GC as i join the client?

Experts, please help me with this. i am confused and worried about my future. Any attorneys please reply

Thanks,

Geetha

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1. Your H1 status starts from October,1. So you cannot join anyone in H1 status till that time. Any other company can file a H1 petition for you to start on or after October,1 since you are cap counted.

2. Yes

3. Like what?

If you are worried about your future please do the right thing and discuss your situation with a Lawyer. The money will be well worth spending. Best of luck.

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