I-140 approved, currently on 2nd h1b and changing employer

[manav_sharma]

I did my masters from United States and hence applied for my H1 with my current employer in EB2 and have I-140 approved with 2010 priority date. I am on my second H1 which is due to expire in sep 2013.

My Client is offering me full time job position and i have following questions:

1. When I transfer my new H1 with client company, It will be transferred till Sept 2013 only or for 3 years ?

2. Do I need to file another I-140 with my client company?

3. Can i port my old I-140 priority date of 2010 to the client new

i-140?

4. Do i need the AC21 portability form in addition to all the above?

5. The new job requires me to travel internationally ... will i be able to travel during my H1b transfer/I-140 application ?

6. What else do i need to watch for ?

Thanks for reading and please reply

[kalyan_ac]

I did my masters from United States and hence applied for my H1 with my current employer in EB2 and have I-140 approved with 2010 priority date. I am on my second H1 which is due to expire in sep 2013.

My Client is offering me full time job position and i have following questions:

1. When I transfer my new H1 with client company, It will be transferred till Sept 2013 only or for 3 years ?

Thats upto the discretion of USCIS.

2. Do I need to file another I-140 with my client company?

Yes

3. Can i port my old I-140 priority date of 2010 to the client new

i-140?

Yes

4. Do i need the AC21 portability form in addition to all the above?

AC21 comes into picture if 180 days have passed since you applied for I485,which is not the case here.

5. The new job requires me to travel internationally ... will i be able to travel during my H1b transfer/I-140 application ?

Not recommended during h1 transfer. Yes during I140

6. What else do i need to watch for ?

Thanks for reading and please reply

[manav_sharma]

Thanks so much for replying back.

Another question is can i use the i-140 from the current employer when i am transfering h1 to the client to make sure i get the h1b for 3 years as a result of old i-140 ?

[kalyan_ac]

Thanks so much for replying back.

Another question is can i use the i-140 from the current employer when i am transfering h1 to the client to make sure i get the h1b for 3 years as a result of old i-140 ?

Yes you can as long as the I140 is not revoked/withdrawn by the previous employer.Also i think you would need a copy of the I140 approval or atleast the SRC #.