H1B Transfer with Approved 140 - Can i port Priority Date


san4u28

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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 filinf for extension later around Apr-2013(within 6 months of exipring)

I appreciate your feedback.

Regards,

San

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  • 2 weeks later...

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 ---->> DEPENDS whether they file PP or regular, also LCA will take 5-7 business days

2. When can i start working for Company B (I want to join ASAP): Only from the day, your papers are sent to USCIS (the day USCIS receives your paper, you can start working and your h1b can come as approved later since its a Direct Full Time job)

3. Do i need to worry about my current employer cancelling my approved I-140 ---> NO, the reason for that is that even in worst case scenario if your employer (who will be X-employer) cancels I-140, your priority Date will be ported over. The cancelation cannot be done after 1 year of approved i-140.

4. Are there any precautions i need to take while moving to keep the Immigration stuff problem free--> Try to remain in good terms with X-employer even if that means "loosing out on personal dollars - because an unwanted grudge will effect you more than your US CITIZEN employer"

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 filinf for extension later around Apr-2013(within 6 months of exipring): Employer should file

I appreciate your feedback.

Regards,

San

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