H1B Transfer in 5th year after i-140 approval (but i140 with employer)


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Hi Everyone,

I am currently working with Company A and have applied for my GC with priority date October 2010 and got my i-140 approved. I am in the fifth year of my H1B and my H1B ends on September of 2014.

I am planning to change my job and I got some questions on that.

1) I am obviously NOT going to tell my employer before I apply for the H1B transfer with a new Company B. But, the i-140 is still with my Company A and they will give me only if I inform them about my job change and pay the cost of GC processing. In this case, if I do the H1B transfer with the company B, will I get a new 3 year extension even without showing the proof of i-140 approval?

2) My company would be able to give me the i-140 after I leave the company and after paying off the cost for GC processing. If the company B applies for my H1B transfer and if I get only the remaining time in my H1B and if that expires in September 2014, can I apply for the extension based on my i-140? Is this advisable?

Please let me know.

Thanks.

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  • 2 weeks later...

Hi Everyone,

I am currently working with Company A and have applied for my GC with priority date October 2010 and got my i-140 approved. I am in the fifth year of my H1B and my H1B ends on September of 2014.

I am planning to change my job and I got some questions on that.

1) I am obviously NOT going to tell my employer before I apply for the H1B transfer with a new Company B. But, the i-140 is still with my Company A and they will give me only if I inform them about my job change and pay the cost of GC processing. In this case, if I do the H1B transfer with the company B, will I get a new 3 year extension even without showing the proof of i-140 approval?

NO

2) My company would be able to give me the i-140 after I leave the company and after paying off the cost for GC processing. If the company B applies for my H1B transfer and if I get only the remaining time in my H1B and if that expires in September 2014, can I apply for the extension based on my i-140? Is this advisable?

Yes.

Please let me know.

Thanks.

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The i-140 is still with my Company A and they will give me only if I inform them about my job change and pay the cost of GC processing.

By law, your employer is required to pay all the costs and fees (lawyer, recruitment, administrative, filing, etc.) associated with the PERM labor certification application. It is illegal for you pay any of these costs. If you did so, the USCIS could revoke your immigration status up to and including permanent residency (green card). You can file a federal government Freedom of Information Act (FOIA) request for a copy of your I-140. It takes a while to get, but it does not need anything from your employer.

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