Transfer H1 after approved I-140..Please help

[libra09]

Dear friends,

Please help me : I am on H1b visa and my I-140 in EB2 is approved with company A and now I want to join Company B (Which is directly with Client). I have following questions :

1) How long new Company B can wait to start the Green card process as they will transfer my H1b based on approved 1-140 ?

2) Can I come back with Company A (My old company), after a year to use the same approved I-140. (This is because if New Company did not start the GC processing).

3) My PD under EB2 is August, 2010, I heart Immigration reform in the news : If this happen soon , should I wait with old company as they need to fine 485 once the dates are current.

I will appreciate your prompt response.

Thanks,

Geeta Mishra

[pontevecchio]

1. As long as you have an approved I-140 you can get 3 year extensions of the H1 beyond the initial 6 and once this happens these 3 years stand even if the I-140 is revoked.

2. That is a question for A.

3. I seriously doubt reform will happen soon.

[Attorney_25]

The green card process is for a future job at the time the I-485 is approved. A person is not required to be working in that job (or for that employer) until the I-485 is approved, although not working in the job/for the employer may reflect on the intent to do such in the future. The I-140 will continue to remain valid as long as the petitioning employer holds the job open for you (for that future time). Therefore, it is possible to move to a different employer and still file the I-485 with the I-140 employer at a later date, as long as the I-140 employer continues to intend to hire you into the job and you continue to intend to work in that job. If USCIS has a reason to believe that the intent is not true they can deny the I-485 and even revoke the I-140, but that doesn't often happen. It depends on the specific facts of the case.