H1b transfer questions for a Fulltime job

[deepthis]

Hi All,

 

I have posted here earlier and would like to thank you all for the responses.

 

1. My 6 years of H1b is ending in November 2014 with my current employer A

2. I have a approved i-140 with the current employer

3. I have a fulltime offer from another company B who is willing to do my H1b and GC process.

4. Now, with the company B will it have to file a new H1b or will it be a H1b transfer?

5. I hear that the current employer can revoke the i-140 once I leave, will my priority date still be portable to the new i-140 even after it is revoked?

 

Is it a good move to take up the fulltime job with an approved i140 in hand? Please advice.

 

Thanks in advance.

 

 

 

[jairichi]

Hi All,

 

I have posted here earlier and would like to thank you all for the responses.

 

1. My 6 years of H1b is ending in November 2014 with my current employer A

2. I have a approved i-140 with the current employer

3. I have a fulltime offer from another company B who is willing to do my H1b and GC process.

4. Now, with the company B will it have to file a new H1b or will it be a H1b transfer?

5. I hear that the current employer can revoke the i-140 once I leave, will my priority date still be portable to the new i-140 even after it is revoked?

 

Is it a good move to take up the fulltime job with an approved i140 in hand? Please advice.

 

Thanks in advance.

Based on approved I-140 you are cap exempt.

You can retain the priority date even if current employer revokes I-140.

[pontevecchio]

4. A H1 "transfer" is always a new non cap H1 petition filed for you. As long as the I-140 is not revoked before the H1 extension you will get your H1 extension.

5. Yes

 

Good move? Only you would know.

[deepthis]

Adding to the above questions.

 

6. The new company B is will to start the GC process after a 3 month period. Lets say they file my h1b transfer in March and I start working with them in March. After 3 months say JULY 2014, they start the PERM processing, and by November 2014,  I do not have a approved PERM. --- What is the situation? Will I be out of Status?  ------  What is needed in this situation to apply for h1b extension.

 

7. Lets say my PERM is approved by November 2014, can I apply for h1b extension for 3 years?  and then later apply i140?

 

Please respond as this will help me make the decision about the fulltime offer.

 

thanks in advance.

[deepthis]

Thank you for the responses.

 

What does cap exempt mean?

 

So based on the approved i140 , I can get a 3 year period now when the new company files the H1b - Right?

[jairichi]

Adding to the above questions.

 

6. The new company B is will to start the GC process after a 3 month period. Lets say they file my h1b transfer in March and I start working with them in March. After 3 months say JULY 2014, they start the PERM processing, and by November 2014,  I do not have a approved PERM. --- What is the situation? Will I be out of Status?  ------  What is needed in this situation to apply for h1b extension.

 

7. Lets say my PERM is approved by November 2014, can I apply for h1b extension for 3 years?  and then later apply i140?

 

Please respond as this will help me make the decision about the fulltime offer.

 

thanks in advance.

6. As long as I-140 is not revoked by old employer your new employer can file for H1B extensions. If not you need to move to out of country or dependent status.  You can get 1 year extensions if PERM is pending for approval for more than 365 days or 3 year extensions based on approved I-140 from old or new employer.

7. With approved PERM your employer cannot file for extensions.

[jairichi]

Thank you for the responses.

 

What does cap exempt mean?

 

So based on the approved i140 , I can get a 3 year period now when the new company files the H1b - Right?

You do not go under cap again i.e. no need to file in April and start working from Oct.

[pontevecchio]

Cap exempt means you are not subject to numerical limitations of the H1 program. You can have the new employer file a H1 petition for you for a total of 3 years and then you move on as the H1 once approved will be valid for the 3 years even if the A I-140 is revoked subsequently. H1 extensions beyond the 6 years non cap are based on either PERM pending 365 days or I-140 pending 365 days or approved I-140. A H1 extension once granted remains till the expiry of this petition.

[deepthis]

thank you for your responses!

[deepthis]

Please guide me with this scenario.

 

The new company files H1b based on the approved 140, Lets say worst case I get only 1 year of H1b ie till Nov 2015

 

The new company is saying it will start the GC process after a 3 month of probationary period. Lets say my PERM was filed JULY 2014, so by Nov 2015 if my PERM is still pending with USCIS , I can get another year of H1b extension. Is this correct. ---- Kindly clarify.

 

I have a meeting with the attorney of the new company. I need to clear on the worst case scenarios before I speak to him .

 

Please help me with the above. Thank you again!

[jairichi]

 

 

The new company is saying it will start the GC process after a 3 month of probationary period. Lets say my PERM was filed JULY 2014, so by Nov 2015 if my PERM is still pending with USCIS , I can get another year of H1b extension. Is this correct. ---- Kindly clarify.

 

 

Only if old employer has not revoked your approved I-140. If revoked by old employer and new employer's PERM is pending more than 365 days by July 2015 then new employer can file for 1 year H1B extension.