H1B transfer in 6th year with pending I-485

[pulibidda007]

Hi

 

I have a H1B from my current employer (I am a full time employee) that was originally filed in 2008 and the 2nd term expires in May 2014. So I am currently in my 6th year. My current employer also filed my GC in EB3 and my priority date is July 2009. It is currently in pending I-485. My current employer will most likely start the H1B extension process in November/December. 

 

I have 4 questions:

 

1. Will I get extension for 3 more years or is it only 1 year?

2. Is it OK to change employers now if the other employer is willing to sponsor H1B and GC? or is it advisable to get the extension first and then initiate a transfer? Remember, my current H1B expires in May 2014 and this is the 6th year.

3. Can I keep the same priority date?

4. Can the new employer file my GC in EB2?

 

Thanks you.

[omshiv]

 

I have 4 questions:

 

1. Will I get extension for 3 more years or is it only 1 year?

2. Is it OK to change employers now if the other employer is willing to sponsor H1B and GC? or is it advisable to get the extension first and then initiate a transfer? Remember, my current H1B expires in May 2014 and this is the 6th year.

3. Can I keep the same priority date?

4. Can the new employer file my GC in EB2?

 

Thanks you.

 

You didnt mention about your I-140

 

1) Assuming your I-140 is approved, you might get a 3 yr extension.

 

2) You may change even now and get H1 extension from the new employer. Your choice.

 

3) Yes you can keep the old PD.

 

4) Your new employer can file for your GC...but EB2 or not would depend on your qualifications and the Job Desc.