Approved I140 Portability - (But new role)


rvenkat18

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Hi,

 

I am working with Company A thru which I filed by GC and have an approved I-140 as a Software Engineer , I am working for client Company B.

 

Now Company B would like hire me ,but as a Manager. If I file for H1 transfer can I use the same priority date which is from Company A even though the role & responsibilities are different from the one Company A had filed ? Or will it be a whole new process of filing GC and waiting for new priority date ?

 

Appreciate you early help & advice.

 

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  • 2 weeks later...

No, you can't if Company A withdraws I140 petition. As far as I know you can transfer H1B and get 3yrs validity based on your approved I140. However, company B has to start a fresh perm before the end of 3 years so that H1B can be extended further 3 years. If employer B lays off or closed the shop you will be doomed and there is a no place to go if Company A withdrew I140 petition. Now you can  see this so called brainy immigration system how it works and created a bonded slavery through a messy perm processing and this is all lobbied by these greedy lawyers association. Our blood will be continuously sucked by these H1B body shops and lawyers. And the great nation claims they are saviors of human rights where all sorts human right violation is happening through PERM processing

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