H1 expired recently; new employer wants to hire.


sameer24p

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Hi,

My H1-B that was filed in 2005 by my employer in US recently expired on 30-Sept 2014. Has already been renewed twice. I am currently in Singapore (moved here in Sept 2012) and am now planning to relocate back to US. My I-140 has already been approved with a priority date of Aug 2007. A new employer in US has approached me & is interested in hiring me, what is the process here ? Am I eligible ? Can the visa still be transferred or they have to file a new H1-B ? 

 

 

Please help with your inputs.

 

 

Thanks

Sameer

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  • 4 weeks later...

Thanks for your inputs. The employer has now filed the I-129 petition for the H1-B transfer. A follow-up question. The employer mentioned that they can port my GC application in the EB2 category. I want to ask what is the exact process and what should I be telling them once the H1-B petition is approved. Do I need to tell them to file the I-485 in the EB2 category with the priority date of my EB-3 (Aug 2007) from the approved I-140 ?

 

 

Thanks

Sameer

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My H1B petition (I-129) has been sent for approval in premium processing, which will take 10-15 days. Once this is approved, the next process is to file the I-140..rt? At what point is this done ? Any specific timeline or can be filed immediately ? also since my LC was already approved before, in the new I-140 they file can they specify my previous priority date (Aug 2007), but file it in EB2 ? Appreciate your help in understanding the next steps so that I can talk to legal team.

 

 

Thanks

Sameer

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