H1B transfer to a new employer


Patta

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Hi All, 

           I am currently on H1 with employer A and my petition is valid until April 2015 and my last extension ( 7th year) was based on my I-140. Now that I got a new job offer with employer B, they will be transferring my H1B and applying ( transfer+ extension). I am tending my resignation only after I get the approved new petition from employer B,

 

In the event I get only one year extension ( let's say until July 2015) and since my PERM won't be filed immediately , I won't be able to meet the 365 days criteria with in which my PERM needs to be filed before my petition expires. In the above situation :

 

1. Can I continue with employer A ( since I won't be letting them know on my new offer ) , but my petition would  have been transferred to employer B.

 

2. Should I change to employer B - in which case, is there any option for further continuation after July 2015. ( At this point I am not sure what my employer A will do to my I-140 which he filed.As as optimist I can think my I-140 is still active and employer B can do extension after July 2015 based on employer A's I-140 , but that's being too optimistic I believe . 

 

 

Note : I won't have this scenario at all, if I get a 2 or 3 year extension when employer B applies for transfer and extension.

 

 

Please throw some light on the above situation and the best way to handle this.

 

 

Thanks

Patta.

 

 

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1. Yes. Why do you think employer B will wait and file PERM when you do not join them?

2. If you join employer B and employer A revokes I-140 and employer B's PERM is not pending more than 365 days either you have to leave US or move to a dependent status.

 

Hope you get 2 to 3 years approval so that you can join employer B and get to I-140 approval stage by the end of approved extension.

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Hi ,

         Thanks for the reply.I am aware of point 2 which you have stated. My question was , if my petition gets transferred to employer B and for some reason say, I get only one year. In this case, can I still stick with employer A ( in the event of not tendering my papers) or I am left with only option to join employer B and then leave the country after a year or become H4.

 

Thanks

Patta.

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Hi ,

         Thanks for the reply.I am aware of point 2 which you have stated. My question was , if my petition gets transferred to employer B and for some reason say, I get only one year. In this case, can I still stick with employer A ( in the event of not tendering my papers) or I am left with only option to join employer B and then leave the country after a year or become H4.

 

Thanks

Patta.

You can still stay with employer A.

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