H1B transfer & Green Card Filing

[antarix]

Hi..

 

I am in 12th Year of H1B but still waiting for EB3 green Card.

 

I found a employer who is ready to file my H1B Transfer and file my green card under EB2.

 

Now questions are:

 

1) I plan to resign only after H1B transfer is approved. In case my H1B transfer is denied, still my status would be valid with current employer?

 

2) Is there any waiting period between joining of the new employer and green card filing. Can they file immediately after joining.

 

3) Since I am in 4th extension of H1B and my labor and I-140 will be newly filed, in case of unfortunate event of labor or I-140 being denied, how many years of H1B do I get to stay since I already used my 6 years of H1B.

 

 

[jairichi]

1. Yes.

2. It can be done even before joining new employer as GC is for future.

3. If old employer does not revoke approved I-140 then indefinitely till I-140 validity. If revoked by old employer till your current H1B extension validity

[rahul412]

 

1) I plan to resign only after H1B transfer is approved. In case my H1B transfer is denied, still my status would be valid with current employer?

 

2) Is there any waiting period between joining of the new employer and green card filing. Can they file immediately after joining.

 

3) Since I am in 4th extension of H1B and my labor and I-140 will be newly filed, in case of unfortunate event of labor or I-140 being denied, how many years of H1B do I get to stay since I already used my 6 years of H1B.

1. Yes

2. Yes they can

3. Till the end of your current H1 period.

 

I guess this new executive action will help you out, so wait for more details and take next step.

[antarix]

Thanks a lot... I want little clarification on 3rd one...

 

first reply says It is valid indefinitely if my previous I-140 is still valid and is not revoked. If revoked then upto H1B validity.

 

Second reply says upto H1B validity. Is this reply same as above or you mean to say irrespective of previous I-140 still good or revoked, I can stay only upto H1B validity. In this case do I get another extension?

[jairichi]

Thanks a lot... I want little clarification on 3rd one...

 

first reply says It is valid indefinitely if my previous I-140 is still valid and is not revoked. If revoked then upto H1B validity.

 

Second reply says upto H1B validity. Is this reply same as above or you mean to say irrespective of previous I-140 still good or revoked, I can stay only upto H1B validity. In this case do I get another extension?

If your previous employer does not revoke approved I-140 then you can get extensions indefinitely based on that. If revoked then your H1B validity is till the date of approval.