H1 transfer using I-140

[vspraju]

Hi All,

 

I am in US from last 7 yrs on H1B visa and H1 is valid till SEP 2015. My PERM priority date May-2012 and  I140 got approved  in MAR 2013.  My employer has not given me my I140 and PERM copies, So I got them from FOIA.

 

Now I am planning switch my employer and I have following question:

1.Using those I140 copies can I transfer my H1 to a new employer?

2.While in the H1 transfer process to new employer, is there any chance that my  old employer can cancel 

   I -140 and PERM  ?

3.In case my PERM application through my new employer is rejected can i go back to my old employer?

 

4.. Is there any possibility that my old employer still hold my H1 (in case he is willing to)
 

Appreciate you help .

[tux78]

See my reply below.

 

Hi All,

 

I am in US from last 7 yrs on H1B visa and H1 is valid till SEP 2015. My PERM priority date May-2012 and  I140 got approved  in MAR 2013.  My employer has not given me my I140 and PERM copies, So I got them from FOIA.

 

Now I am planning switch my employer and I have following question:

1.Using those I140 copies can I transfer my H1 to a new employer?

 

 

There is no option for "transfer". You new employer will need to submit a new H-1b petition based on the new job. But yes, you will be able to use the I-140 dates and get extended permit.

 

 

 

2.While in the H1 transfer process to new employer, is there any chance that my  old employer can cancel 

   I -140 and PERM  ?

 

I am not entirely sure what happens here. Maybe talk to a lawyer for this. Your old employer has the right to revoke the I-140. If I recall, your priority date will not be cancelled but not sure what happens to the extension for H-1b.

 

When I did this, I didn't tell the old employer until I received the new H-1b. So they didn't know but they also didn't revoke the I-140 after my resignation.

 

 

3.In case my PERM application through my new employer is rejected can i go back to my old employer?

 

Again, talk to a lawyer for a professional opinion. But going back means, you will another new H-1b petition from the old employer. As soon as you stopped working there the H-1b becomes invalid.

 

 

4.. Is there any possibility that my old employer still hold my H1 (in case he is willing to)
 

As far as I know there is no concept of "holding" H-1b.

 

 

 

 

 

[vspraju]

Thanks for your reply