EB2 - Pending I-140 - H-1B Transfer

[goodymitta]

Hi,

I apologize if it is a dumb question.

I have been working with my current company A (consulting) for last 4 years and I have my visa validity till september 2013 and my EB2 I-140 is pending (PD: July 2010).

1) If I change my job to company B (with pending I-140), can I use my priority date of July 2010 or do I need to start this again?

2) If I transfer my H-1B to company B after I-140 approved from company A, do I get 3 years of extension or only the remaining years (2)?

Thanks for your time.

Goody.M

[Belle]

1) If the I-140 is approved, yes. Even if it is withdrawn after approval (but not if before).

2) It's maybe. I guyess depending how your lawyer files it.

[pontevecchio]

1. YES if B will start the whole process again and the previous I-140 is approved.

2. 3 years is possible.

[goodymitta]

Belle and Pontevecchio, You are so helpful. I really appreciate your help.

Thanks.

Goody.M

[yamaharx]

I am in the same boat as of you. I transferred my H1 and got extended for next 3 years. for sure you will get it for next 3 years at most, if it does not exceed the total of 6 yrs.

[sidharth07]

Hi belle

Just a follow up question on this. Once I-140 is approved, is there a minimum time you need to stick to the current company ( thru which I-140 is approved) , before changing org?

My I-140 got approved last month and I have a job offer with a diff company. Can I change now and still carryover my earlier PD? or I need to stay for some minimum time before I am eligible for carryover of PD?

Appreciate your reply

Sidharth

Originally posted by Belle:

1) If the I-140 is approved, yes. Even if it is withdrawn after approval (but not if before).

2) It's maybe. I guyess depending how your lawyer files it.

[gchntl]

Also, what all documents are needed from previously approved I-140 to use the priority date in the fresh new case filed by new employer.