i140 approved in eb3 and just recieved H1b renwed until 2016. switching jobs. what is the procedure and costs?

[tree81]

Hello All,

 

I have an approved I140 in EB3 category. I am talking to a company and the main barrier which remains at this point is costs of H1b transfer and since i have 5 years expereince they can apply for me in EB2. My questions are:

 

1. if they change category from Eb3 to Eb2 will they have to start the whole GC process from scratch or does my PD get transferred too?

2. what is the procedure for H1b transfer?

3. What are the approximate costs associated with this whole process?

 

Thank you,

 

Srikanth

[jairichi]

Hello All,

 

I have an approved I140 in EB3 category. I am talking to a company and the main barrier which remains at this point is costs of H1b transfer and since i have 5 years expereince they can apply for me in EB2. My questions are:

 

1. if they change category from Eb3 to Eb2 will they have to start the whole GC process from scratch or does my PD get transferred too?

2. what is the procedure for H1b transfer?

3. What are the approximate costs associated with this whole process?

 

Thank you,

 

Srikanth

(2) There is nothing called H1B transfer. Your new employer has to file a new H1B petition.

[pontevecchio]

1. Yes. The PD is available to you.

 

2. The company files a H1 petition for you and gets it approved.

 

3. The costs vary. But it costs thousands more to file PERM etc. and get it approved and then get the I-140 approved.

 

 

If the amount needed to file a H1 petition is too dear to the company how are they going to prove they have the money to pay you in future?

[Attorney_11]

Legal fees differ from attorney to attorney. Filing fees for USCIS immigration benefits are listed on the USCIS website. The H1B change of employer process requires a prospective employer to file an H1B petition with USCIS seeking change of employer. It is very similar in composition as an initial H1B petition. Whether a new employer offers a job classifiable as EB-3 or EB-2, absent eligibility by the foreign national for permanent porting of their immigrant visa process under AC 21, the new employer will have to do a new PERM and I-140 for the foreign national. Retention of a previous priority date by an individual is possible even if the subsequent I-140 is in a different immigrant category than the initial I-140 from which priority date retention is sought. Individual cases have individual issues. It is advisable to seek personalized legal advice through a consultation with a qualified competent immigration attorney.