Length of stay with employer when filed Labor

[nrahuldev@gmail.com]

Hello,

 

I am working with company A on h1b, they filed by labor and waiting for approval.

 

I have an offer now from company B, can I transfer my h1b to company B even though the labor is pending....If I cannot move to company B now what is the right time to move to company B with out disturbing the GC process?

 

Company A agreed to hold my I140 once they apply it

 

Thank you

[pontevecchio]

Why?

[Jyothis]

As long as you have enough time left on visa (preferably over a year) you should be able to transfer h1b. Gc process is based on a future job offer, and it is not a blocker. However, your new employer would need to start the GE process afresh.

[nrahuldev@gmail.com]

Thanks very much for the information!

 

@pontevecchio because it is a better oppurtunity.

 

@Yankee Doodle :1)So when the new employer starts my GC will the PD be still the same labor filed by  Old Employer?

2)Also if the new employer will not file my GC at what point do I need to come back to the Previous employer to stay in loop to the GC applied with out disturbing it?

[Jyothis]

1. Not unless your 140 gets approved with employer A. But, in your case, since you only filed for perm, hat is not enough to port pd. plus, since you are leaving, employer A probably wont file for 140. Employer B will need to start afresh with a new perm.

2. Gc is based in a future employment, so if employer A decides to continue with your process even after you leave - which is a bit unlikely, unless they love you and never wants to let you go - you would need to join them when your gc finally gets through with A, to stay on. It is unlikely that you will have that long in your visa, so it is better to ensure that your new employer will file for GE before switching. Get it in writing if possible

Best of luck!

Thanks very much for the information!

 

@Yankee Doodle :1)So when the new employer starts my GC will the PD be still the same labor filed by  Old Employer?

2)Also if the new employer will not file my GC at what point do I need to come back to the Previous employer to stay in loop to the GC applied with out disturbing it?

[nrahuldev@gmail.com]

Thanks very much for the clarity Yankee.

 

I will make sure to get in writing with the new employer.

 

One last question regarding this  you would need to join them when your gc finally gets through with A, to stay on.

 

so do I need to join back the employer A in the GC process when he  is ready to file for the last step which is 485 ? or after I140 gets approved from his side?

[Jyothis]

Should be at the last step. But again, if you leave, they won't proceed further in the usual case, as everything costs money. Why would an employer waste money on processes that is not going to benefit them :)

[nrahuldev@gmail.com]

Thanks very much for your time and information!

 

I was asking if in case I need to move but I will make sure to start my GC with the new employer.

[Jyothis]

Np. Best of luck!