Job Change - Approved I-140 and other questions


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So I had a few questions. I'm not sure if I was able to piece together all of this information looking through all of the other posts so areas that I am sure of I will clearly indicate below,

Background: I am currently in my 5th year of H1B with final expiry in October 2015. I have my I-140 approved as of November 2011 and have a PD of June 2011. I am currently contemplating a change in jobs and have some observations and questions with regards to the same,

1) My understanding is that to change jobs and apply for an H1-B three year extension, all I need is the I-140 receipt number. I have the receipt number for the receipt of the I-140 application but not the approval notice. Is this sufficient?

2) When the company I move to applies for the aforementioned three year extension to my H1-B, will it be granted for 3 years from the time of application or for 3 years from October 2015?

3) Let us assume I change jobs, leave company A (with which I have an approved I-1400 and join company B. They apply for a transfer and extension and everything goes well. Now for some reason if I choose to leave company B for company C in the next 1-2 years, would company C only be able to transfer my H1B for the period of the extension or would it also be able to use company A's approved I-140 (assuming it has not been withdrawn or revoked) to re-apply for a 3 year extension. Or would I need a new approved I-140 from company B?

4) Can company B use the I-140 receipt number to re-capture my PD or would it have to file a FOIA request to retrieve the actual I-140 application with approval?

5) Can the transfer+extension from A to B be denied/rejected/RFE'ed. Since at that point joining back with A would be fairly impossible (given I have resigned based on the receipt of H1B transfer notice), would the only option be to leave the country? Does this happen fairly often to recommend waiting for transfer to actually complete before resigning the current position?

I really appreciate any answers to my questions and I hope these help anyone else in a similar position :)

--blue

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Please see my reply below:

 

 

So I had a few questions. I'm not sure if I was able to piece together all of this information looking through all of the other posts so areas that I am sure of I will clearly indicate below,

Background: I am currently in my 5th year of H1B with final expiry in October 2015. I have my I-140 approved as of November 2011 and have a PD of June 2011. I am currently contemplating a change in jobs and have some observations and questions with regards to the same,

1) My understanding is that to change jobs and apply for an H1-B three year extension, all I need is the I-140 receipt number. I have the receipt number for the receipt of the I-140 application but not the approval notice. Is this sufficient?

 

 

I am not sure about this. Do your employer have the approval notice? I think it would be better to have a copy of the approval notice. I am not seeing any reason why your employer cannot give a copy.

 

 

 

 

2) When the company I move to applies for the aforementioned three year extension to my H1-B, will it be granted for 3 years from the time of application or for 3 years from October 2015?

 

 

It will be from the time of the application or more apprpriately when the job will start. Remember, with H-1b, there cannot be any gap in the paycheck, so if you finish job with Company A on 03/31/2014, job will Company B needs to start on 04/01/2014 and the new H-1b will start from that day for thre years.


3) Let us assume I change jobs, leave company A (with which I have an approved I-1400 and join company B. They apply for a transfer and extension and everything goes well. Now for some reason if I choose to leave company B for company C in the next 1-2 years, would company C only be able to transfer my H1B for the period of the extension or would it also be able to use company A's approved I-140 (assuming it has not been withdrawn or revoked) to re-apply for a 3 year extension. Or would I need a new approved I-140 from company B?

 

 

"transfer" is not the correct term here. Each company will apply for a new H1b petition. So Company C will apply for a new H-1b and will be able to use the same I-140. But for that time, the three year extension might not get approved. I am not certain about this. I have heard cases where one person got three year another only got one year / or the remaining time in the H-1b.  So if you get a three year extension till 2018, apply for a job with C in 2016, the extension might not be til 2019. Please, consult a lawyer for this.

 


4) Can company B use the I-140 receipt number to re-capture my PD or would it have to file a FOIA request to retrieve the actual I-140 application with approval?

 

 

I think the PD is for yours to keep forever.


5) Can the transfer+extension from A to B be denied/rejected/RFE'ed. Since at that point joining back with A would be fairly impossible (given I have resigned based on the receipt of H1B transfer notice), would the only option be to leave the country? Does this happen fairly often to recommend waiting for transfer to actually complete before resigning the current position?

 

There's no gaurantee.  So it is always recommended to resign after receiving the approval (some suggest even to wait for the physical copy).

 

I switched from one company to another with approved I-140, I received the H-1b approval for Company B on 04/19 ( I accepted the position on 03/15). resigned from Company A on 04/20, last day was 04/29.  Moved to the new place 05/01 (it was a sunday), started the new job on 05/02.

 

 

This is not easy but you have to plan accordingly and prepare to take some risks. Just do your research and have some sort of plan B if H-1b gets denied.

 

 

I really appreciate any answers to my questions and I hope these help anyone else in a similar position :)

--blue

 

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