H1 transfer with I-140 Approved


san4u28

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Posted

Hi,

I have my approved H1B with my current employer (working on Employer-Vendor-Client), but I am looking at an offer from a Company B(fulltime/Direct) and I have few questions

Labour and I-140 are approved.

1. How long does the H1B transfer take from initiation

2. When can i start working for Company B (I want to join ASAP)

3. Do i need to worry about my current employer cancelling my approved I-140.

4. Are there any precautions i need to take while moving to keep the Immigration stuff problem free.

5. My H1B is exipiring in Oct-2013 so when my new employer files for H1B transfer can they request for extension or should i be doing again around Apr-2013(within 6 months of exipring)

I appreciate your feedback.

Regards,

San

Posted

It is not clear from your description whether you are eligible for AC21 portability, and I guess that would be somewhat important in your case...

Posted

I guess I am confused between AC21 portability and Priority date portability??

I have my LCA and I-140 approved and am looking for moving to a new employer, so my concern was if my old priority date can be ported to the new LCA and I-140 which will be applied.

Posted

AC21 portability allows you to port a green card case (port I-140 to be exact) from one employer to another (i.e. the new employer does not have to file I-140, but becomes your sponsor) if your I-485 has been pending for 180 days and your new job is in a similar profession. I-140 also needs to be approved/approvable.

There is no such thing as PD portability. PD can be retained, but there is really nothing to "port" there. It can be reused for a new immigrant petition if the old petition was approved and never revoked for a cause (like, misrepresentation, or being approved in error). Simply withdrawing I-140 because you no longer have the job offer from the sponsor does not do anything to the PD, and it can still be retained.

Posted

Thanks Belle, for clarifying that.

I am looking at retaining my PD once I start FT with a new employer with New LCA and I-140. So as you mentioned even if my old employer withdraws my existing I-140 just because I dont work there, I would not have to worry as I can still retain the old date. however do I need any documenttation from my previous employer about my i-140 approval or can I just give my USCIS application number to my new employer?

Also how long does the H1 transfer take and can I file for extension(H1 expires 09/13) along with transfer ?

Thank you for the info

Posted

Ideally, you would need a copy of I-140 approval notice. Alternatively, you can get any document with the I-140 receipt number or just find out what A number was assigned to you. Generally, I-140 receipt number would be enough. If you don't have details on the I-140 petition, you can get them through an FOIA request using your A number.

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