abhay7963 Posted September 8, 2015 Report Posted September 8, 2015 I am currently into my 5th year of H1B with Profit Organization and last year I got H1B extension which is valid till July 2017. ((My I-140 is approved and Priority date is Aug-2011 under EB2 Category). I got an offer from non-profit organization. Before I take any decision, Can anyone please help me with the following questions? 1) When I transfer to the non-profit organization, My H1B will be transferred based on my current I-140? or It will be a new Non-Exempt H1B petition? 2) If its a Transfer, Will I be able to get the Priority Date porting if non-profit organization starts my Green Card process. 3) And, If for some reason the non-profit organization could not start my Green Card process, Will I be able to get back to the same or some other profit organization assuming that my I-140 is still valid with my first Non-Profit organization or I will to go through lottery process again? Regards Abhi
jairichi Posted September 8, 2015 Report Posted September 8, 2015 1. Based on your approved I-140. 2. Not for sure. You need to ask an attorney. 3. Only if your I-140 is not revoked and employer is willing to take you back by filing a cap exempt H1B petition.
abhay7963 Posted September 10, 2015 Author Report Posted September 10, 2015 Thanks for the valuable information provided. Could you also please explain me the the Priority date retention policy? does this help me in anyway?
jairichi Posted September 10, 2015 Report Posted September 10, 2015 It helps you to file an I485 when the date becomes current rather than using the new priority date.
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