monark Posted March 28, 2013 Report Posted March 28, 2013 Hi, My I140 is approved as Software Analyst from Employer X and PD is in 2012 now NEW Employer Y want to hire me as a Software Engineer and want to start GC procedure as a Software Engineer, so in that case can I transfer my I140 from Employer X to Y with same PD 2012? specially with different job designation. Also, one more thing that I am always confuse, Transfer I140 from Emploter X to Y, does that mean Employer Y needs to start the entire GC process again like SOW, Labor and then I140? or just transfer I140 from employer X to Y? Please help this is urgent. Thanks!!!
Sreejn Posted April 4, 2013 Report Posted April 4, 2013 *PD is yours to keep (Unless rejected by USCIS on basis of fraud in application). *You can transfer to any other company once your I-140 is approved. Your H1B will be transfered to another company but not I-140. So they will have to start the process again from scratch(mkt test,wage determination,labor, 140...) but when they apply 140...they can still use your old PD. It is better that they start the process before your PD becomes current. *While changing the jobs..it is advised to have a similar job description. (atleast 70% same) & this is not a mandatory rule. **am not a lawyer and my opinions are based on the info that I gathered thru my research on same topic as am in similar boat :) So plz do further investigation before concluding.
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