H1 transfer during 2nd term

[mahathit]

Hi,

I am working at comapny A and I have my I 140 approved. My H1 is expiring in Oct 2013(2nd Term). I have an offer from company B. Will I be able to work for company B? I have another greencard application running on my husband's name. In this current situation, is there any way I could work for company B?

Please suggest.

Thanks,

[mahathit]

I would really appreciate if soemone could post a reply.

[binoca82]

You maxout on H1 in Oct 2013? you can join B, but make sure that you can get labour and I140 approved from B, before B's petition expires (in case A revokes thier I140). OR you need to get EAD based on husbands GC processing, before B's petiton expires.

The thing is, you may get a 3 year duration for B's petition initially when doing the transfer, based on A's I140. But, to extend B's petition second time, you need to have I140 from B, if A revokes their I140. OR you should be in a position to switch to EAD so that you can continue to work.