Employer change - I140 approved - H1B valid until Feb 2015

[underemployed]

All,

here is my situation and i hope someone can help me out here 

 

I140 approved EB3 category, PD - April 2010

H1B - in my 7th year valid until Feb 2015

 

I plan to change my employer, so the question is  can i file under EB2 category and keep the same PD ? I know a new Perm and labor application would be required.

 

Do i also need to transfer the H1B as well or what happens to it ?

 

Thanks
S 

[omshiv]

Your new job would require you to be eligible for EB2. you can transfer your H1 and still retain the PD + the H1 extension till Feb 2015.

[underemployed]

Your new job would require you to be eligible for EB2. you can transfer your H1 and still retain the PD + the H1 extension till Feb 2015.

 

thanks for the reply omShiv, so basically before starting the new job, the new company will apply for a H1 transfer and then apply for the labor/perm ... is that correct ?

[omshiv]

thanks for the reply omShiv, so basically before starting the new job, the new company will apply for a H1 transfer and then apply for the labor/perm ... is that correct ?

 

thats correct.